PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US patent 12291566, which is currently pending. This means the patent's claims have not yet been challenged through a final decision at the PTAB, offering no current defensive hardening but also no invalidations.

IPR2026-00259 — Accord BioPharma, Inc. et al. v. Janssen Biotech Inc

• Type: Inter Partes Review
• Filed: 2026-03-20
• Status: Pending. The petition has been filed and is awaiting an institution decision.
• Judge panel: Not yet public.
• Petition grounds: Not yet public.
• Institution decision: Not yet issued. The institution decision is pending.
• Final Written Decision: Not applicable, as an institution decision has not yet been issued.
• Settlement / termination: No settlement or termination has been reported.
• Appeal: Not applicable, as a Final Written Decision has not been issued.
• Defensive value: This proceeding indicates that at least one party, Accord BioPharma, Inc. et al., believes there are grounds to challenge the patentability of claims in US12291566. However, since the case is still pending institution, no claims have been invalidated or sustained. The outcome of this IPR will be crucial for future defensive strategies.

Strategic summary

Currently, all claims of US12291566 remain untested and valid, as the single IPR filed against it (IPR2026-00259) is still in the preliminary stage awaiting an institution decision. Therefore, there are no canceled or sustained claims to report at this time. The estoppel landscape is also not yet relevant, as no final written decision has been issued that would trigger § 315(e)(2) bars.

There is no discernible pattern of multiple IPRs filed by the same petitioner, nor has the patent owner pursued PTAB appeals aggressively, as this is the first and only reported proceeding. The petitioner, Accord BioPharma, Inc. et al., has initiated this challenge, but further details on the prior art grounds are not yet public.

Recommended next steps

For a defendant currently being asserted against US patent 12291566, it is crucial to monitor IPR2026-00259 closely. The next significant milestone will be the institution decision, which is typically due within six months of the preliminary response filing, or by approximately September 20, 2026, assuming the patent owner filed a preliminary response. If the PTAB institutes the IPR, the statutory 1-year trial deadline from institution would mean a Final Written Decision would be due around September 20, 2027. The absence of any prior PTAB activity means that all prior art grounds remain available for potential challenges, should a defendant choose to file their own IPR or if IPR2026-00259 is not instituted or does not lead to invalidation of relevant claims.