PTAB challenges

Proceedings overview

One AIA trial proceeding has been filed against US Patent 12107587. This Inter Partes Review (IPR) is currently pending, meaning no claims have been invalidated or sustained yet. For a defendant, this indicates the patent is actively being challenged, but its validity remains to be determined by the PTAB.

IPR2026-00383 — Optiver US LLC et al. v. HFT Solutions LLC

• Type: Inter Partes Review
• Filed: 2026-06-02
• Status: Pending. This IPR was filed yesterday and is in the very early stages of the process.
• Judge panel: Not yet publicly available.
• Petition grounds: Details regarding specific claims challenged, prior art references, and statutory bases (§ 102 / § 103 / § 112) are not yet publicly available due to the very recent filing date.
• Institution decision: Not yet issued. The institution decision is typically due approximately six months from the filing date.
• Final Written Decision: Not yet issued.
• Settlement / termination: Not applicable at this early stage.
• Appeal: Not applicable at this early stage.
• Defensive value: This pending IPR indicates that the validity of US12107587 is currently under review by the PTAB. While no claims have been challenged or invalidated yet, the existence of an active IPR means potential assertors may face an uphill battle if the petition is instituted and claims are subsequently canceled. For a defendant, this provides a potential avenue for challenging the patent's validity, but the outcome is uncertain.

Strategic summary

As of today, 2026-06-03, only one Inter Partes Review, IPR2026-00383, has been filed against US Patent 12107587. This proceeding is in its nascent stages, having been filed just yesterday (2026-06-02). Therefore, all claims of US12107587 are currently untested by the PTAB, as no institution decision or Final Written Decision has been issued. The patent has not been narrowed through IPR, and all claims, including independent claims 1-7, remain potentially asserted.

Given the extremely recent filing date, no estoppel landscape has been established under § 315(e)(2). Optiver US LLC et al. is the petitioner, and HFT Solutions LLC is the patent owner. It is too early to identify any pattern signals regarding multiple IPRs by the same petitioner or aggressive PTAB appeals by the patent owner. The petitioner, Optiver US LLC, is known to be active in the high-frequency trading space, which aligns with the patent's disclosed use cases (market data, order entry, trading algorithms).

Recommended next steps

For any party facing assertion of US Patent 12107587, it is critical to monitor IPR2026-00383 closely. The key upcoming milestone for this proceeding is the Institution Decision deadline, which typically falls approximately six months from the filing date (around 2026-12-02). At that time, the PTAB will decide whether to institute the IPR based on the merits of the petition. If instituted, the trial will proceed, with a Final Written Decision due one year from the institution date.

Defendants should consider:

• Analyzing the IPR petition (once publicly available): Reviewing the specific claims challenged and the prior art cited by Optiver US LLC et al. can inform potential defenses or counter-arguments.
• Intervention (if applicable): In certain circumstances, parties may seek to intervene in an existing IPR.
• Filing a new IPR (if appropriate): If the current IPR does not address all relevant prior art or claims, or if a different strategy is preferred, initiating a new IPR could be an option, subject to statutory bars.
• Monitoring the PTAB E2E system: Regularly check the status and public documents for IPR2026-00383 on the USPTO PTAB E2E portal for updates on judge panel assignment, petition grounds, and the institution decision.## Proceedings overview
  One AIA trial proceeding, an Inter Partes Review (IPR), has been filed against US Patent 12107587 and is currently pending. No claims have been invalidated or sustained at this early stage. This means the patent is actively under challenge, and its validity will be further scrutinized by the Patent Trial and Appeal Board (PTAB). For a defendant, this indicates an ongoing process that could potentially impact the enforceability of the patent.

IPR2026-00383 — Optiver US LLC et al. v. HFT Solutions LLC

• Type: Inter Partes Review
• Filed: 2026-06-02
• Status: Pending. This IPR was filed very recently, yesterday, and is in the initial stages of the PTAB process.
• Judge panel: Not yet publicly available.
• Petition grounds: Specific details regarding the claims challenged, the prior art references cited, and the statutory bases (§ 102 / § 103 / § 112) are not yet publicly available due to the extremely recent filing date.
• Institution decision: Not yet issued. The PTAB typically issues an institution decision approximately six months from the filing date of the petition.
• Final Written Decision: Not yet issued.
• Settlement / termination: Not applicable at this early stage.
• Appeal: Not applicable at this early stage.
• Defensive value: This active IPR signifies that US Patent 12107587 is undergoing a direct validity challenge before the PTAB. While no claims have been affected yet, the initiation of this proceeding provides a potential pathway for a defendant to challenge the patent's validity, particularly in light of existing litigation between HFT Solutions and Optiver involving the HFT patent portfolio. The outcome of this IPR will be crucial for the patent's future enforceability.

Strategic summary

As of June 3, 2026, all claims of US Patent 12107587 are currently untested by the PTAB. The single IPR filed, IPR2026-00383, is in its earliest stages, having been filed just yesterday. Consequently, there are no canceled or sustained claims, and the patent's scope remains officially unchanged by PTAB proceedings.

The estoppel landscape for US12107587 is currently nonexistent as no institution decision or Final Written Decision has been rendered. If the IPR proceeds to a Final Written Decision, § 315(e)(2) estoppel would apply to Optiver US LLC et al. (and their privies) for any grounds raised or reasonably could have been raised during the proceeding. This IPR is notable because Optiver US LLC is a defendant in patent infringement litigation initiated by HFT Solutions LLC, the patent owner, in the Western District of Texas (Case Number 7:25-cv-00415) as well as in the Northern District of Illinois (Case Numbers 1:24-cv-13213 and 1:24-cv-13214). US12107587 is part of HFT Solutions' HFT patent portfolio being asserted in these cases. This IPR likely represents a defensive strategy by Optiver against the ongoing litigation.

Recent developments in USPTO Director John Squires' discretionary institution policies (issued late 2025 and early 2026) introduce additional factors for consideration, such as U.S. manufacturing investments and the extent to which accused products are manufactured domestically, which generally aim to reduce IPR institution rates. These discretionary factors, alongside the substantive merits of the petition, will play a role in the PTAB's institution decision for IPR2026-00383.

Recommended next steps

For a defendant facing assertion of US Patent 12107587, the primary recommendation is to closely monitor IPR2026-00383.

• Institution Decision Deadline: The PTAB is expected to issue its institution decision for IPR2026-00383 approximately six months from its filing date, which would be around 2026-12-02. This decision will determine whether the IPR proceeds to trial.
• Review the Petition: Once publicly available, carefully review the IPR petition (IPR2026-00383) to understand the specific claims challenged, the prior art cited, and the unpatentability arguments presented by Optiver US LLC et al. This information can be highly valuable for developing an invalidity defense in any parallel district court litigation.
• Consider Discretionary Factors: Be aware that the PTAB will apply recent discretionary institution guidance from Director Squires, which may include considering factors related to U.S. manufacturing and other policy considerations. These factors could influence the institution decision.
• Engage with PTAB Filings: If involved in related litigation, consider whether formal intervention in the IPR is strategically advantageous, or at least monitor all public filings related to IPR2026-00383 on the USPTO PTAB E2E portal.