PTAB challenges

Proceedings overview

One Post-Grant Review (PGR) proceeding, PGR2026-00031, has been filed against US patent 12349941 and is currently pending institution. The patent's claims are therefore currently untested by a final PTAB decision.

PGR2026-00031 — Paragon 28, Inc. v. Treace Medical Concepts Inc

• Type: Post-Grant Review
• Filed: 2026-03-03
• Status: Pending. The petition has been filed and is awaiting a decision on institution by the PTAB.
• Judge panel: Not yet publicly assigned or determined as the proceeding is pending institution.
• Petition grounds: Specific claims, prior art, and statutory bases (§ 102 / § 103 / § 112) for the petition are not yet publicly detailed in the provided information or readily available from general public searches. These details would typically be found in the petition itself, which is not publicly available without direct access to the PTAB E2E system.
• Institution decision: Not yet issued. The PTAB has a statutory deadline of six months from the petition filing date to decide whether to institute a PGR. Given the filing date of 2026-03-03 and the current date of 2026-05-29, the institution decision is anticipated around September 2026.
• Final Written Decision (if issued): 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 proceeding represents an active challenge to US12349941. If the PGR is instituted, it could lead to the invalidation of claims. For a defendant, this creates uncertainty around the patent's enforceability, and the outcome of this PGR will significantly impact any future assertion of the patent.

Strategic summary

Currently, all claims of US patent 12349941 are UNTESTED by a final PTAB decision. PGR2026-00031 is the only AIA trial proceeding on file, initiated by Paragon 28, Inc., and is in the pre-institution phase. This means that no claims have been canceled or sustained by the PTAB yet.

The estoppel landscape is minimal at this stage. Since there is no institution decision or final written decision, the statutory estoppel provisions of § 325(e)(2) for PGRs have not yet come into play for Paragon 28, Inc. or its privies. All prior-art grounds remain theoretically available to a potential defendant until an institution decision or final written decision is rendered.

The filing of this PGR by Paragon 28, Inc. indicates that at least one entity believes there are strong grounds to challenge the patentability of claims in US12349941. The patent owner, Treace Medical Concepts Inc, will be actively defending against institution.

Recommended next steps

As a defendant facing assertion of this patent:

• Closely monitor the status of PGR2026-00031, particularly the upcoming institution decision. The decision will determine whether the PTAB proceeds with a full review of the challenged claims. The institution decision is expected around September 2026.
• If the PGR is instituted, track the progress of the trial, including the arguments presented by both the petitioner (Paragon 28, Inc.) and the patent owner (Treace Medical Concepts Inc.). The PTAB has a statutory one-year deadline to issue a Final Written Decision from the date of institution.
• The absence of a final decision means all claims of US12349941 are currently presumed valid. However, the pending PGR indicates that the patent's validity is under scrutiny, which could be a point of leverage in any licensing or litigation discussions.
• Consult with patent counsel to analyze the specific grounds raised in the PGR petition (once publicly available via PTAB E2E) to assess their potential impact on any infringement theories you might be facing.