PTAB challenges

Proceedings overview

There is currently one AIA trial proceeding on file for US Patent 12122824, which is in a pending status. This provides a defendant with a developing defensive posture, as the validity of the patent's claims is currently being challenged but no final decision has been reached.

IPR2026-00258 — Accord BioPharma, Inc. et al. v. Janssen Biotech Inc

• Type: Inter Partes Review
• Filed: 2026-03-20
• Status: Pending. The proceeding is currently active and has not yet reached a final decision. It was last modified on 2026-05-27.
• Judge panel: Information on the specific judge panel is not publicly available at this stage of the proceeding from the provided data.
• Petition grounds: This information is not explicitly stated in the provided data. It would typically involve challenges to claims of US12122824 under 35 U.S.C. §§ 102 and/or 103, based on prior art.
• Institution decision: The institution decision for this IPR is currently pending. The statutory deadline for the PTAB to issue an institution decision is typically six months from the filing date of the petition.
• Final Written Decision: Not yet issued, as the proceeding is pending.
• Settlement / termination: Not yet applicable, as the proceeding is pending.
• Appeal: Not yet applicable, as no Final Written Decision has been issued.
• Defensive value: As this IPR is pending, the validity of the claims of US12122824 is currently under review. If the PTAB institutes the IPR, it will indicate that Accord BioPharma, Inc. et al. has demonstrated a reasonable likelihood of prevailing on at least one challenged claim, which could create significant uncertainty for the patent owner and potential leverage for a defendant.

Strategic summary

US Patent 12122824 is currently subject to a single Inter Partes Review, IPR2026-00258, filed by Accord BioPharma, Inc. et al., which is in a pending status. As of today, no claims of the patent have been canceled or sustained through a Final Written Decision. All claims of the patent remain untested by a final PTAB ruling.

The estoppel landscape has not yet taken shape. If IPR2026-00258 is instituted, and subsequently proceeds to a Final Written Decision, the petitioner (Accord BioPharma, Inc. et al.) and its privies would be estopped under 35 U.S.C. § 315(e)(2) from asserting invalidity grounds that were raised or reasonably could have been raised during the IPR. Until then, all prior-art grounds remain available to other potential defendants. There are no clear pattern signals yet, as this is the only proceeding on file. The involvement of Accord BioPharma, Inc. et al. as the petitioner is noted.

Recommended next steps

For a defendant facing assertion of US Patent 12122824, the primary focus should be on IPR2026-00258. The critical upcoming milestone is the institution decision. The PTAB's statutory deadline for issuing an institution decision is typically six months from the petition's filing date (2026-03-20), placing the expected decision date around September 20, 2026. Monitoring the progress of this IPR, particularly the institution decision and the grounds on which it is (or is not) instituted, is crucial. This decision will significantly inform the patent's defensive value. Information about the petition grounds and the institution decision (when it becomes available) will be found on the USPTO PTAB E2E system.