PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US Patent 12089543. This Post-Grant Review (PGR) is currently in the "Trial Instituted" stage, meaning the patent claims challenged are under review, but no final decision on their patentability has been issued. This indicates that the patent is currently facing a challenge, but its claims remain valid as no invalidation has occurred.

PGR2025-00055 — Almendra Pte. Ltd. et al. v. Fienile Agronegocios Ltda

• Type: Post-Grant Review
• Filed: 2025-06-16
• Status: Trial Instituted (The PTAB has authorized the review to proceed on the merits of the challenged claims. A Final Written Decision is pending).
• Judge panel: Information not publicly available yet at this stage of the proceeding from the provided patent data.
• Petition grounds: Details regarding the specific claims challenged, prior art relied upon, and statutory bases (§ 102, § 103, § 112) are typically found in the institution decision. I do not have access to this document directly at this time, so I cannot specify the exact grounds.
• Institution decision: Instituted. The petition was filed on 2025-06-16, and the trial was instituted. The PTAB's reasoning for institution would be detailed in the institution decision, which is not available in the provided text.
• Final Written Decision (if issued): Not yet issued. The proceeding is in the "Trial Instituted" stage.
• Settlement / termination: Not reported.
• Appeal: Not applicable, as no Final Written Decision has been issued.
• Defensive value: This proceeding indicates that certain claims of US12089543 are currently being challenged under Post-Grant Review. As the trial has been instituted, the PTAB found that the petitioner demonstrated a reasonable likelihood that at least one challenged claim is unpatentable. However, no claims have been invalidated yet, so the patent owner still has an opportunity to defend the claims during the trial phase.

Strategic summary

Currently, US Patent 12089543 has one active Post-Grant Review, PGR2025-00055, which has been instituted. This means that at least some claims of the patent are under scrutiny by the Patent Trial and Appeal Board. No claims have been canceled or sustained yet; all claims of the patent remain untested by a final PTAB decision. Consequently, the patent has not yet been narrowed through PTAB proceedings, and its full scope of claims is still theoretically assertable.

The estoppel landscape is nascent. Since the trial is ongoing and no Final Written Decision has been issued, there are no immediate estoppel effects under § 315(e)(2) for Almendra Pte. Ltd. et al. or its privies. However, if the trial proceeds to a Final Written Decision, the petitioner (and its privies) will be estopped from raising grounds that were raised or reasonably could have been raised in this PGR. For a third-party defendant, the availability of prior-art grounds would depend on the specific grounds ultimately adjudicated by the PTAB. The current information does not indicate any pattern signals such as multiple filings by the same petitioner or prior appeals. The petitioner, Almendra Pte. Ltd. et al., is the party challenging the patent.

Recommended next steps

• Since PGR2025-00055 is in the "Trial Instituted" stage, it is critical to monitor its progress closely. PTAB trials generally have a statutory deadline of one year from institution to reach a Final Written Decision. The institution date was between 2025-06-16 (filing) and 2026-01-28 (last modified with "Instituted" status). The Final Written Decision would typically be due approximately one year from the institution date.
• Accessing the institution decision for PGR2025-00055 would provide specific details on which claims are challenged and the prior art and statutory grounds asserted, which is crucial for assessing the strength of the challenge and informing any defensive strategy. These documents are generally publicly available through the USPTO PTAB Decisions portal.
• Given the "Trial Instituted" status, a defendant facing assertion of this patent should investigate the claims being challenged in PGR2025-00055 to determine if their accused product/method relies on those specific claims. If those claims are eventually invalidated, any infringement theory built upon them would be significantly weakened.
• It is advisable to monitor the PTAB portal for PGR2025-00055 for key milestones such as oral hearings and the eventual issuance of a Final Written Decision.
• The absence of prior PTAB activity (apart from this active PGR) suggests that this patent may be relatively new to significant challenge, or that previous assertions did not result in IPR/PGR filings.