PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US patent 11864755. This proceeding is currently active with a status of "Trial Instituted". Given the early stage of this single proceeding, the patent's claims remain largely untested in AIA trials, offering a defendant potential grounds for challenging validity.

IPR2026-00121 — Medtronic, Inc. v. Moskowitz Family LLC

• Type: Inter Partes Review
• Filed: 2025-11-10
• Status: Trial Instituted (meaning the PTAB has authorized a trial to proceed on at least some of the challenged claims and grounds).
• Judge panel: Not publicly available at this time.
• Petition grounds: Not publicly available at this time without reviewing the full petition and institution decision. However, IPRs typically challenge claims under 35 U.S.C. §§ 102 and 103 based on patents and printed publications.
• Institution decision: The trial was instituted. The exact date of institution is not provided in the prompt but the "last modified" date of 2026-05-18 suggests recent activity, likely related to the institution decision or subsequent scheduling. Without the full decision, the specific claims and reasoning for institution are not available.
• Final Written Decision: Not yet issued.
• Settlement / termination: Not applicable, as the proceeding is active.
• Appeal: Not applicable, as no Final Written Decision has been issued.
• Defensive value: This active IPR indicates that at least some claims of US11864755 have been deemed likely unpatentable by the PTAB to warrant a trial. A defendant facing assertion of this patent should closely monitor this proceeding, as a successful challenge could invalidate asserted claims.

Strategic summary

Only one AIA trial proceeding, IPR2026-00121, has been filed against US patent 11864755, and it is currently active with "Trial Instituted" status. This means the PTAB has found a reasonable likelihood that at least one claim challenged by Medtronic, Inc. will be found unpatentable. Consequently, the claims of this patent are currently UNTESTED by a Final Written Decision in a PTAB trial. Without the institution decision, it's not possible to specify which claims have been challenged and on what grounds.

The estoppel landscape under 35 U.S.C. § 315(e)(2) will only become relevant for Medtronic, Inc. (and its privies) after a Final Written Decision is issued. If claims are determined to be unpatentable, those claims (and any claims that reasonably could have been raised) will be estopped for the petitioner in future proceedings. For other potential defendants, the prior art grounds raised in this IPR are still available for their own challenges, provided they are not in privity with Medtronic, Inc. The involvement of Medtronic, Inc., a major medical device company, indicates a significant commercial interest in challenging this patent.

Recommended next steps

• Monitor IPR2026-00121 closely: As a defendant, it is critical to obtain and review the institution decision for IPR2026-00121 to understand which claims are being challenged and on what prior art grounds. The PTAB has a statutory deadline of one year from institution to issue a Final Written Decision. Identify key upcoming trial milestones such as potential oral hearings and the projected Final Written Decision due date.
• Evaluate challenged claims: Determine if any claims currently being asserted against you (if applicable) are among those challenged in IPR2026-00121. If so, a favorable outcome for the petitioner could directly benefit your defense.
• Consider filing your own IPR: If your product infringes claims not challenged in IPR2026-00121, or if you have strong prior art grounds distinct from those raised by Medtronic, Inc., consider initiating your own Inter Partes Review. The ongoing IPR might offer insights into the patent owner's defense strategies.