PTAB challenges

Proceedings overview

There is one active Post-Grant Review (PGR) proceeding, PGR2026-00060, currently pending against US Patent 12569490. This means the patent's validity is presently under review at the PTAB, and no claims have been definitively invalidated or sustained yet.

PGR2026-00060 — Neurocrine Biosciences, Inc. v. Spruce Biosciences Inc

• Type: Post-Grant Review
• Filed: 2026-06-18
• Status: Pending. The petition has been filed and is awaiting a decision on institution.
• Judge panel: Not yet publicly available for pending cases at this stage.
• Petition grounds: Not yet publicly available at this stage of the proceeding. Details on specific claims, prior art, and statutory bases (§ 102 / § 103 / § 112) will become available if and when the petition is instituted.
• Institution decision: Not yet issued. The PTAB typically has six months from the filing date to decide whether to institute a PGR.
• Final Written Decision: Not applicable; the proceeding is in its early stages.
• Settlement / termination: Not applicable.
• Appeal: Not applicable.
• Defensive value: This active PGR indicates that the patent's claims are being challenged. For a defendant, this creates uncertainty around the patent's ultimate validity, and the outcome of this proceeding will significantly impact the strength of any assertion based on US12569490. If the PGR is instituted, it suggests a reasonable likelihood of at least one claim being found unpatentable.

Strategic summary

As of today, June 19, 2026, US Patent 12569490 has one active Post-Grant Review (PGR) proceeding (PGR2026-00060). This means that all claims of the patent are currently untested by a final PTAB decision. The outcome of this pending PGR will be crucial in determining which, if any, claims are sustained or canceled.

The estoppel landscape is not yet relevant as there is no final written decision. If PGR2026-00060 proceeds to a Final Written Decision and claims are challenged, then estoppel under § 325(e)(2) (the PGR equivalent of § 315(e)(2)) would apply to Neurocrine Biosciences, Inc. (and its privies) for any grounds raised or that reasonably could have been raised. Currently, all prior art grounds remain potentially available for a new petitioner or defendant not in privity with Neurocrine Biosciences.

Recommended next steps

As PGR2026-00060 is currently pending, the most important upcoming milestone for this patent is the institution decision. The PTAB typically issues an institution decision within six months of the petition filing date. Therefore, an institution decision for PGR2026-00060 would be expected around December 18, 2026. A defendant currently facing assertion of this patent should closely monitor this proceeding for the institution decision. If the petition is instituted, the grounds for unpatentability will be publicly available, which could inform a defendant's strategy.