PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for U.S. Patent No. 11,871,811. This proceeding is currently active and pending an institution decision. For a defendant, this means the patent's validity is currently under challenge, and the outcome of this IPR will significantly impact the defensive posture.

IPR2026-00343 — Skechers U.S.A., Inc. v. Fast IP LLC

• Type: Inter Partes Review
• Filed: 2026-04-24
• Status: Pending. The Patent Trial and Appeal Board (PTAB) is currently reviewing the petition to determine whether to institute an inter partes review.
• Judge panel: Not yet publicly available, as the institution decision is pending.
• Petition grounds: Skechers U.S.A., Inc. is challenging 12 claims of U.S. Patent No. 11,871,811, arguing they are anticipated under 35 U.S.C. § 102 and/or rendered obvious under 35 U.S.C. § 103 in light of prior art. The "Prior art" section of this analysis identified relevant prior art such as U.S. Patent No. 9,629,416 B2 (Eull), U.S. Patent No. 6,877,252 B2 (Wilkinson), U.S. Patent Application Publication No. 2017/0303632 A1 (Pratt), and U.S. Patent No. 11,191,320 B2 (Aveni).
• Institution decision: Pending. The statutory deadline for the PTAB to issue a decision on institution is six months from the petition's filing date.
• Final Written Decision: Not yet issued, as institution is pending.
• Settlement / termination: Not applicable at this stage.
• Appeal: Not applicable at this stage.
• Defensive value: This proceeding represents an active challenge to a significant portion of the patent's claims (12 out of 14). The outcome of the institution decision, expected around October 2026, will be crucial. If instituted, the validity of these claims will be thoroughly examined, potentially leading to their cancellation.

Strategic summary

Currently, 12 claims of U.S. Patent No. 11,871,811 are UNTESTED by a Final Written Decision but are UNDER CHALLENGE in the pending IPR2026-00343. Given that the patent has a total of 14 claims, this IPR targets a substantial majority of the patent's scope. All claims, including independent claims 1 and 10, could potentially be affected by the outcome of this proceeding, depending on which specific 12 claims were challenged.

Regarding the estoppel landscape, if the PTAB institutes the IPR, Skechers U.S.A., Inc. (and its privies) would be estopped under 35 U.S.C. § 315(e)(2) from asserting in future litigation that a claim is invalid on any ground that Skechers raised or reasonably could have raised during the IPR. Until an institution decision is rendered, all prior-art grounds remain available.

There is a clear pattern signal here: Skechers U.S.A., Inc. is actively challenging the validity of this patent shortly after its issuance, aligning with its ongoing district court litigation against the patent owner. This indicates a strong dispute over the hands-free footwear technology.

Recommended next steps

The primary next step is to monitor the progress of IPR2026-00343.

• Institution Decision Deadline: The PTAB's decision on whether to institute the inter partes review is due by 2026-10-24. This decision will indicate whether the PTAB finds a reasonable likelihood that at least one of the challenged claims is unpatentable.
• If the IPR is instituted, the trial will commence, typically concluding with a Final Written Decision approximately one year from the institution date (around 2027-10-24).

The outcome of the institution decision will be a critical milestone. If the IPR is instituted, it suggests the PTAB views the prior art arguments as strong, which could significantly weaken the patent owner's position in the ongoing district court litigation. Conversely, if institution is denied, it would strengthen the patent owner's position regarding the validity of the challenged claims.