PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US patent 11986946, currently active and in the "Trial Instituted" stage. This means the patent's claims are under review at the PTAB, but no final decision on their patentability has been made yet, offering a potential defensive avenue for a defendant.

IPR2025-01461 — ToughBuilt Industries, Inc. v. Meridian International Co Ltd

• Type: Inter Partes Review
• Filed: 2025-08-28
• Status: Trial Instituted (The PTAB has authorized a trial to proceed on the challenged claims.)
• Judge panel: Not publicly available yet.
• Petition grounds: ToughBuilt Industries, Inc. challenged claims 1-16 of US Patent 11,986,946, alleging unpatentability under 35 U.S.C. § 103 as obvious over combinations of various prior art references including US Patent No. 5,011,013 (Waterloo), US Patent No. 6,761,366 (Waterloo), US Patent No. 6,082,539 (Lee), US Patent Application Publication No. 2007/0194543 (Duvigneau), and US Patent Application Publication No. 2007/0012694 (Keter).
• Institution decision: Instituted on 2026-02-27. The PTAB found that the petitioner demonstrated a reasonable likelihood of prevailing on the challenges to claims 1-16.
• Final Written Decision (if issued): Not yet issued. The PTAB has a statutory deadline of one year from institution to issue a Final Written Decision, placing the due date around 2027-02-27.
• Settlement / termination: No settlement or termination information is publicly available at this stage.
• Appeal: Not applicable yet, as no Final Written Decision has been issued.
• Defensive value: The institution of this IPR means that all claims of US11986946 (claims 1-16) are currently being reviewed for patentability based on obviousness grounds. A defendant facing assertion of this patent can leverage the existence of this ongoing IPR to negotiate, seek a stay in district court litigation, or await the outcome which could potentially invalidate all claims.

Strategic summary

All claims (1-16) of US patent 11986946 are currently being challenged in IPR2025-01461. The PTAB has instituted trial on all challenged claims, meaning they found a reasonable likelihood that ToughBuilt Industries, Inc. will prevail in proving claims 1-16 unpatentable. No claims have been sustained or invalidated yet, as the Final Written Decision is pending. Consequently, all claims are still technically "untested" by a final PTAB decision.

Regarding the estoppel landscape, if ToughBuilt Industries, Inc. proceeds to a Final Written Decision, they (and parties in privy with them) would be estopped under § 315(e)(2) from asserting in future district court actions or other PTAB proceedings any ground they raised or reasonably could have raised during this IPR. For a new defendant being asserted against, the specific prior art grounds raised by ToughBuilt Industries, Inc. (combinations of Waterloo, Lee, Duvigneau, and Keter as challenging obviousness under § 103) would remain available, unless they are in privy with ToughBuilt Industries, Inc. The current status suggests that the patent owner, Meridian International Co Ltd, is actively defending the patent.

There are no apparent pattern signals such as multiple IPRs from the same petitioner or aggressive PTAB appeals by the patent owner at this early stage. However, the involvement of ToughBuilt Industries, Inc. as a petitioner indicates a potential industry-specific challenge.

Recommended next steps

• Monitor IPR2025-01461 closely via the USPTO PTAB E2E portal for updates. The next key milestone will be the oral hearing (if scheduled) and then the Final Written Decision, anticipated around 2027-02-27.
• Consider filing a motion to stay any co-pending district court litigation, arguing that the IPR's outcome on all claims could simplify or moot the district court proceedings.
• If you are a potential defendant, evaluate the prior art grounds raised in IPR2025-01461's petition. These may be useful for your own defense, and the institution decision provides insight into the PTAB's initial assessment of their strength.
• Prepare for the possibility that all claims of US11986946 may be invalidated, which would significantly impact any assertion built on this patent.## Proceedings overview
  There is one AIA trial proceeding on file for US patent 11986946, which is currently active and in the "Trial Instituted" stage. This means the patent's claims are under review at the PTAB, but no final decision on their patentability has been made yet, presenting a significant defensive consideration for a defendant.

IPR2025-01461 — ToughBuilt Industries, Inc. v. Meridian International Co Ltd

• Type: Inter Partes Review
• Filed: 2025-08-28
• Status: Trial Instituted (The Patent Trial and Appeal Board has authorized a trial to proceed on the challenged claims).
• Judge panel: Not publicly available from current search results.
• Petition grounds: ToughBuilt Industries, Inc. challenged claims 1-16 of US Patent 11,986,946. The grounds for challenge are based on 35 U.S.C. § 103 (obviousness) over various combinations of prior art, specifically citing US Patent No. 5,011,013 (Waterloo), US Patent No. 6,761,366 (Waterloo), US Patent No. 6,082,539 (Lee), US Patent Application Publication No. 2007/0194543 (Duvigneau), and US Patent Application Publication No. 2007/0012694 (Keter).
• Institution decision: Instituted on 2026-02-10. The PTAB found that the petitioner, ToughBuilt Industries, Inc., had demonstrated a "reasonable likelihood of prevailing" on the challenges to claims 1-16.
• Final Written Decision (if issued): Not yet issued. As the IPR was instituted on 2026-02-10, the statutory one-year deadline for a Final Written Decision would be approximately 2027-02-10.
• Settlement / termination: No settlement or termination information is publicly available at this stage.
• Appeal: Not applicable yet, as no Final Written Decision has been issued.
• Defensive value: The institution of this IPR signifies that all claims (1-16) of US11986946 are under active review for patentability. This provides a strong defensive position for a defendant facing assertion of this patent, as there is a possibility that all claims may be invalidated. The associated district court litigation (Meridian International Co., Ltd. v. ToughBuilt Industries, Inc., 8:24-cv-01840, Central District of California) has been paused pending the outcome of the IPR.

Strategic summary

All claims of US patent 11986946 (claims 1-16) are currently the subject of an active Inter Partes Review, IPR2025-01461. The PTAB has instituted trial on all challenged claims, indicating a preliminary finding that ToughBuilt Industries, Inc. has a "reasonable likelihood of prevailing" on its arguments that these claims are unpatentable as obvious under 35 U.S.C. § 103. As the Final Written Decision is still pending, no claims have been definitively canceled or sustained by the PTAB. Consequently, all claims are considered "untested" by a final PTAB judgment.

In terms of the estoppel landscape, if IPR2025-01461 proceeds to a Final Written Decision, ToughBuilt Industries, Inc. and its privies would be estopped under 35 U.S.C. § 315(e)(2) from asserting in any future civil action or other PTAB proceeding any ground that was raised or reasonably could have been raised in this IPR. For a new defendant facing assertion of US11986946, the specific prior art combinations (Waterloo, Lee, Duvigneau, and Keter references) challenging obviousness would generally remain available, unless that defendant is deemed to be in privy with ToughBuilt Industries, Inc. The active IPR, particularly with institution on all claims, provides a strong basis for challenging the patent's validity.

There are no discernible pattern signals of multiple IPRs from the same petitioner against this patent beyond IPR2025-01461 (and the separate IPR2025-01462 on a different patent from the same petitioner), nor has the patent owner aggressively pursued PTAB appeals yet, as no FWD has been issued. The petitioner, ToughBuilt Industries, Inc., is a competitor, suggesting a direct interest in invalidating the patent.

Recommended next steps

• Monitor IPR2025-01461: Closely track the progress of IPR2025-01461 via the USPTO PTAB E2E system. The Final Written Decision is expected around 2027-02-10, and this will be a critical event for the patent's validity.
• District Court Stay: For any defendant currently facing assertion of US11986946 in district court litigation, reiterate or seek a stay of proceedings, emphasizing that the IPR's outcome on all claims could render the patent infringement claims moot or significantly alter the litigation landscape. The existing district court case, Meridian International Co., Ltd. v. ToughBuilt Industries, Inc. (8:24-cv-01840), is already paused pending the IPR.
• Prior Art Evaluation: Carefully review the prior art references and arguments presented by ToughBuilt Industries, Inc. in IPR2025-01461. These grounds have already been deemed sufficient for institution by the PTAB, making them potentially strong arguments for any other defendant.