PTAB challenges

The search results indicate that PGR2026-00036 is filed against US Patent No. 12370153. However, some search results (especially) seem to conflate PGR2026-00036 with other PGRs (PGR2026-00039, PGR2025-00085, PGR2026-00026) and different patent numbers (12,168,036 and 12,305,206). It's crucial to stick to the provided patent number (US12370153) and the specific PGR (PGR2026-00036).

From the provided structured data:

• PGR2026-00036
• filed: 2026-03-25
• last modified: 2026-04-15
• status: Pending
• petitioner: Par Health, Inc.
• inventor: Sergio DUSCI

From search results and:

• PGR2026-00036 is indeed for Patent # 12370153 (PO/Respondent Patent #. 12370153).
• Petition Filing Date: 2026 Mar 25.
• Trial Status: Pending.
• Institution Decision Date: - (empty, meaning not yet decided).
• Latest Decision Date: - (empty, meaning not yet decided).
• Termination Date: - (empty, meaning not yet decided).

The search results did not provide specific details on:

• Judge panel
• Petition grounds (which claims, what art, what statutory basis) - though mentions "obviousness and lack of written description under 35 U.S.C. § 112" for another patent (12,168,036) and a different PGR (PGR2026-00039). I need to be careful not to attribute this to PGR2026-00036. I will state that the specific grounds are not publicly available in the search results.
• Institution decision details (as it's pending).
• Settlement/termination.
• Appeal.

Given that the PGR was filed on 2026-03-25, the institution decision deadline would be 6 months from this date, approximately 2026-09-25.

I need to make sure I don't attribute information about other PGRs or patents to PGR2026-00036 and US12370153. The key is that the searches did not return specific claims challenged, prior art, or judge panel for this specific PGR. I should explicitly state this lack of information.

Updated plan:

1. Proceedings overview: One pending PGR.
2. For PGR2026-00036:
   • Type: Post-Grant Review
   • Filed: 2026-03-25 (from structured data, confirmed by)
   • Status: Pending.
   • Judge panel: Not publicly available yet.
   • Petition grounds: Specific claims and grounds are not yet publicly detailed in the provided search results.
   • Institution decision: Pending. The deadline is approximately 2026-09-25 (6 months from filing date).
   • Final Written Decision: Not applicable.
   • Settlement / termination: Not applicable.
   • Appeal: Not applicable.
   • Defensive value: Pending PGR creates uncertainty; monitoring is key.
3. Strategic summary:
   • Claims are all untested by FWD.
   • Estoppel not yet in effect.
   • Only one proceeding, so no "pattern signals" beyond that.
4. Recommended next steps: Monitor institution decision deadline.## Proceedings overview

One Post-Grant Review (PGR) proceeding, PGR2026-00036, is currently on file and pending for US patent 12370153. This means that the patent's validity is currently being challenged before the Patent Trial and Appeal Board (PTAB), and no claims have yet been affirmed or invalidated through this process. For a defendant, this presents an uncertain defensive posture, as the outcome of the PGR could significantly alter the enforceability of the patent.

PGR2026-00036 — Par Health, Inc. v. Inforlife SA

• Type: Post-Grant Review
• Filed: 2026-03-25
• Status: Pending — The proceeding is active and awaiting an institution decision from the PTAB.
• Judge panel: The specific judge panel for this pending proceeding is not yet publicly available in the provided search results.
• Petition grounds: The specific claims challenged, prior art asserted, and statutory bases (§ 102 / § 103 / § 112) for this particular petition are not detailed in the provided search results.
• Institution decision: Pending. The PTAB has a statutory deadline of six months from the petition filing date to issue a decision on whether to institute the trial. Therefore, an institution decision is expected around 2026-09-25. The institution rate for IPRs and PGRs has seen a downward trend, with fiscal year 2026 year-to-date institution rates at 37% as of February 2026, and the USPTO Director has emphasized considering factors such as domestic manufacturing activity when deciding institution.
• Final Written Decision: Not applicable, as the proceeding is pending and has not yet reached the final written decision stage.
• Settlement / termination: Not applicable, as the proceeding is pending.
• Appeal: Not applicable, as no final decision has been rendered.
• Defensive value: As this PGR is pending, all claims of US12370153 remain untested by a final PTAB decision. The outcome of the institution decision, expected around September 2026, will be critical. If instituted, the patent's claims will face a direct challenge, potentially leading to invalidation. If institution is denied, the patent owner's position will be strengthened, making future PTAB challenges harder on similar grounds.

Strategic summary

Currently, all claims of US patent 12370153 are UNTESTED by a Final Written Decision from the PTAB. The single pending PGR, PGR2026-00036, means that the enforceability of the patent claims is currently under scrutiny. There is no existing record of claims being canceled or sustained by the PTAB for this patent.

The estoppel landscape has not yet formed for this patent. If PGR2026-00036 is instituted and proceeds to a Final Written Decision, the petitioner (Par Health, Inc.) and its privies would be estopped from raising in district court or the ITC any ground they raised or reasonably could have raised during the PGR, with respect to any claims that were subject to the FWD. However, since the proceeding is pending, these estoppel provisions are not yet in effect. For other potential defendants, prior art grounds remain available for challenge, subject to the statutory requirements and discretionary denial factors recently emphasized by the USPTO Director.

There are no apparent pattern signals beyond the single PGR filing. This suggests that while a challenger has emerged, there isn't yet a history of serial attacks or aggressive defensive maneuvers by the patent owner at the PTAB.

Recommended next steps

Given that PGR2026-00036 is pending, the most crucial next step for a defendant facing assertion of US12370153 is to actively monitor the status of this proceeding. The institution decision deadline is approaching, expected around 2026-09-25. This decision will significantly impact the patent's strength. Monitoring the PTAB's Public Search facility for updates on PGR2026-00036 is advisable.