PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US patent 11938082. This proceeding, PGR2025-00013, has reached a Final Written Decision, but the specific outcomes regarding claims invalidated, sustained, or settled are not yet available from the provided data or immediate public search results. Therefore, the bottom-line defensive posture for a defendant is currently unclear without access to the full Final Written Decision.

PGR2025-00013 — Therabody, Inc. v. Hyperice IP Subco, LLC et al.

• Type: Post-Grant Review (PGR)
• Filed: 2024-12-23
• Status: Final Written Decision. This indicates that the PTAB has issued its final determination on the patentability of the challenged claims.
• Judge panel: Information not publicly available without direct access to the FWD document.
• Petition grounds: Specific claims challenged, prior art references, and statutory bases (§ 102 / § 103 / § 112) are not available without direct access to the petition or institution decision.
• Institution decision: The institution decision date and reasoning are not publicly available without direct access to the decision document.
• Final Written Decision (if issued): The PTAB issued a Final Written Decision (FWD) as of 2026-05-11. The specific verdict at a claim-level granularity (which claims were canceled, sustained, or held patentable) is not available from the provided data or public search snippets.
• Settlement / termination: Information regarding settlement or termination is not publicly available.
• Appeal: Information on whether the FWD was appealed to the Federal Circuit, including the docket number, issues on appeal, and disposition, is not publicly available without direct access to the FWD or Federal Circuit dockets.
• Defensive value: The outcome of this PGR is critical for any defendant facing assertion of this patent. Without the specific claim-by-claim disposition from the Final Written Decision, the defensive value remains undetermined. If claims were canceled, it would significantly weaken the patent owner's position. Conversely, if claims were sustained, it would harden the patent against future challenges on the same grounds.

Strategic summary

The full impact of the PGR2025-00013 proceeding on US11938082 is currently unknown because the details of the Final Written Decision are not publicly available within the search results. Therefore, it is impossible to definitively state which claims of 11938082 are CANCELED, SUSTAINED, or UNTESTED from this proceeding. Without the FWD, the patent's scope of protection remains ambiguous in light of this challenge.

Regarding the estoppel landscape, if the Final Written Decision of PGR2025-00013 resulted in claims being found unpatentable, § 315(e)(2) would bar the petitioner (Therabody, Inc.) and its privies from asserting in any other proceeding that those specific claims are invalid on any ground that the petitioner raised or reasonably could have raised during the PGR. For a third-party defendant, however, the availability of prior-art grounds would depend entirely on the specific art and statutory bases actually litigated and decided in the PGR. Without knowing the challenged claims and grounds, it's impossible to determine which prior-art grounds are still available for a hypothetical defendant.

The record shows that Therabody, Inc. was the petitioner in this PGR. The patent family has also been involved in multiple district court litigations, as indicated by the various US cases filed in California Central District Court and Florida Middle District Court. Unified Patents is also noted as filing PTAB case PGR2025-00013, suggesting their involvement in challenging this patent, although the petitioner is explicitly named as Therabody, Inc. in the PTAB proceedings data.

Recommended next steps

As PGR2025-00013 has reached a Final Written Decision, the immediate next step is to obtain and review the full Final Written Decision document. This document, issued on 2026-05-11, will detail the Board's findings regarding each challenged claim, specifying whether they were found unpatentable or patentable.

Accessing the Final Written Decision for PGR2025-00013 can be done through the USPTO PTAB E2E system by searching for the proceeding number PGR2025-00013. The disposition of the claims will be explicitly stated within the FWD. This is crucial for understanding the current validity of the patent and informing any defensive strategy.