PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US Patent 12234236. This is a Post-Grant Review (PGR) that has been instituted and is currently pending. This means the patent's claims are actively being challenged, and a final decision on their patentability has not yet been issued. For a defendant, this indicates the patent is currently vulnerable, and the outcome of this PGR will significantly impact its strength.

PGR2025-00057 — Conjupro Biotherapeutics, Inc. et al. v. Ascletis Pharma China Co Ltd

• Type: Post-Grant Review
• Filed: 2025-06-20
• Status: Trial Instituted — The PTAB has decided to proceed with a review of the challenged claims.
• Judge panel: Not publicly available from the provided search results. However, other cases with Judge Jeffrey N. Fredman and Judge John G. New are listed as active in the Unified Patents Portal.
• Petition grounds: The petition challenges claims directed to compounds that modulate the GLP-1 receptor. Specifically, it identifies independent Markush claims 1 and 24, which include compounds such as Compound 1, Compound 19, Compound 20, and Compound 65. The petitioner argues obviousness under 35 U.S.C. § 103, particularly focusing on the known GLP-1R agonist orforglipron (Eli Lilly & Co.). The petition asserts that a person of ordinary skill in the art would have been motivated to modify orforglipron, for example, by replacing a methyl group with a cyclopropyl group, based on teachings from prior art references such as Yoshino, Kawai, and Talele.
• Institution decision: Instituted. The exact date of institution is not provided, but the proceeding status is "Trial Instituted." The PTAB's decision to institute was based on the petitioner's arguments regarding the obviousness of the challenged claims in light of prior art, including orforglipron and other references discussing substitutions that preserve or enhance biological activity.
• Final Written Decision: Not yet issued. Final written decisions in PGRs are expected between June and November 2026.
• Settlement / termination: Not settled or terminated.
• Appeal: No Federal Circuit appeal has been filed as a Final Written Decision has not been issued. Appeals to the Federal Circuit typically occur after a Final Written Decision.
• Defensive value: This active PGR indicates that the patentability of claims 1 and 24, along with dependent claims, is currently under scrutiny. If these claims are ultimately canceled, any infringement assertions based on them would be significantly weakened. Defendants should closely monitor the progress and outcome of this proceeding.

Strategic summary

US Patent 12234236 is currently facing a Post-Grant Review, PGR2025-00057, initiated by Conjupro Biotherapeutics, Inc. et al. The PTAB has instituted the trial, meaning the patent's claims 1 and 24, along with associated dependent claims, are being challenged for obviousness under 35 U.S.C. § 103. The core of the petitioner's argument revolves around the known GLP-1R agonist orforglipron and the asserted obviousness of modifications to its structure, such as the replacement of a methyl group with a cyclopropyl group, based on existing chemical knowledge and other prior art.

As of the current date, no Final Written Decision has been issued. Therefore, no claims of US12234236 have been canceled or sustained through this proceeding. All claims remain "untested" in terms of a final PTAB ruling. The institution of the trial, however, signals that the PTAB found a reasonable likelihood that the petitioner would prevail on at least one challenged claim. The estoppel landscape is not yet fully formed since there is no Final Written Decision. However, if the petitioner proceeds to a Final Written Decision, they (and their privies) would be estopped from raising any grounds they raised or reasonably could have raised in the PGR. There is no information to suggest a pattern of multiple PGRs by the same petitioner on this specific patent, nor aggressive PTAB appeals by the patent owner at this stage.

Recommended next steps

Since PGR2025-00057 is currently instituted and pending, a defendant facing assertion of US12234236 should:

• Closely monitor the progress of PGR2025-00057. Final Written Decisions in PGRs are expected between June and November 2026.
• Be aware that the Director of the USPTO now directly determines whether to institute IPR and PGR proceedings, and can issue summary notices denying institution without explanation, or detailed decisions for novel issues.
• Review the petition and the Patent Owner's response in PGR2025-00057 to understand the specific arguments and evidence being presented regarding obviousness. This will provide insight into the potential weaknesses of the challenged claims.
• Prepare for the possibility that claims 1 and 24, and potentially dependent claims, may be found unpatentable in the upcoming Final Written Decision.