PTAB challenges

Proceedings overview

There is currently one AIA trial proceeding on file for US patent 12396919, which is a Post-Grant Review (PGR) that is pending institution. This means the patent has not yet been subjected to substantive review by the PTAB, and its claims remain untested in this proceeding. For a defendant, this indicates that the patent is currently unhardened by PTAB trials, and an initial defensive posture would involve assessing the strength of the grounds raised in the pending PGR.

PGR2026-00051 — Hyper Ice, Inc. v. Therabody Inc.

• Type: Post-Grant Review
• Filed: 2026-05-26
• Status: Pending. This proceeding was filed very recently and is in the preliminary stages before a decision on institution has been made.
• Judge panel: Not yet publicly available for pre-institution stage.
• Petition grounds: Specific claims challenged, prior art, and statutory bases (§ 102 / § 103 / § 112) are not yet publicly detailed in search results for such a newly filed petition. Given it's a PGR, grounds could include §§ 101, 102, 103, and 112.
• Institution decision: Not yet issued. The PTAB has a statutory deadline to issue an institution decision within 6 months of the petition filing date.
• Final Written Decision: Not applicable; no institution decision has been made.
• Settlement / termination: Not applicable; the proceeding is in its earliest stages.
• Appeal: Not applicable.
• Defensive value: As this PGR was just filed, its primary defensive value lies in the potential for claims to be challenged and potentially invalidated. Until an institution decision is made, the full impact is unknown. If instituted, it could provide strong grounds for challenging the patent's validity.

Strategic summary

Currently, none of the claims of US patent 12396919 have been canceled or sustained by a PTAB Final Written Decision. All claims are presently untested in AIA trial proceedings.

The estoppel landscape is nascent. If PGR2026-00051 is instituted, Hyper Ice, Inc. (and its privies) would be estopped from raising in future proceedings (e.g., district court litigation) any ground raised or that reasonably could have been raised in the PGR concerning the claims subject to institution. For other defendants facing assertion of this patent, all prior art grounds remain available for challenge, as no estoppel has yet attached to any claims.

No patterns signals can be observed at this early stage, as this is the first recorded AIA trial proceeding for US12396919.

Recommended next steps

• Monitor the status of PGR2026-00051 (Hyper Ice, Inc. v. Therabody Inc.) closely. The critical upcoming milestone is the institution decision deadline, which will be approximately six months from the filing date of 2026-05-26.
• Review the petition once it becomes publicly available (typically after filing but before institution) to understand the specific claims challenged and the grounds asserted by Hyper Ice, Inc. This will provide insight into potential validity weaknesses.