PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US patent 12271636, which is currently active and pending institution. This gives a defendant no immediate changes to the patent's claims, but indicates a potential future challenge to patentability.

IPR2026-00360 — Advanced Micro Devices, Inc. v. Fermat International Inc

• Type: Inter Partes Review
• Filed: 2026-05-12
• Status: Pending – The petition has been filed and is awaiting a decision from the PTAB on whether to institute a trial.
• Judge panel: The judge panel has not yet been publicly assigned, as the proceeding is still in the pre-institution phase.
• Petition grounds: Specific claims challenged, prior art asserted, and statutory bases (§ 102 / § 103) are not yet publicly detailed in the available records for a pending institution decision.
• Institution decision: Pending. The PTAB has a statutory deadline of six months from the petition's filing date (May 12, 2026) to decide whether to institute the IPR trial. The institution decision is expected around November 12, 2026.
• Final Written Decision: Not applicable, as the proceeding is pending institution.
• Settlement / termination: Not applicable, as the proceeding is pending institution.
• Appeal: Not applicable, as the proceeding is pending institution.
• Defensive value: This IPR is in its very early stages. While it presents a potential future challenge, currently all claims of US12271636 remain in full force and have not been tested or altered by PTAB. A defendant facing assertion of this patent should monitor the institution decision closely.

Strategic summary

All claims of US patent 12271636 are currently UNTESTED by PTAB, as the sole proceeding, IPR2026-00360, is in the pre-institution phase. There are no canceled or sustained claims as of today's date. The patent’s claims have not been narrowed through any AIA trial.

The estoppel landscape is not yet relevant as the IPR has not been instituted. Section 315(e)(2) estoppel, which bars petitioners and their privies from raising any ground they raised or reasonably could have raised, would only apply if the IPR is instituted and proceeds to a final written decision or a settlement. At this stage, all prior-art grounds remain theoretically available to other potential challengers.

Regarding pattern signals, only one IPR has been filed against this patent by Advanced Micro Devices, Inc. This single proceeding, filed recently, does not yet indicate a pattern of aggressive PTAB appeals by the patent owner or involvement of defensive aggregators.

Recommended next steps

As a defendant, it is critical to monitor the status of IPR2026-00360 closely. The institution decision is due around November 12, 2026. If the PTAB institutes the trial, the specific claims and grounds for institution will become public, and the patent owner will have to defend the patentability of the challenged claims. Access to the petition for IPR2026-00360, once publicly available, would be crucial to understand the specific prior art and arguments being made against the patent. The patent is currently active and enforceable, but the outcome of this IPR could significantly impact its defensive posture.




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