PTAB challenges

Proceedings overview

There is one AIA trial proceeding on file for US patent 8362960, which is currently pending. This means the patent's claims remain untested by PTAB review thus far, and no claims have been canceled or sustained through this process.

IPR2026-00341 — Resmed Corp. v. Josep Mumbru et al

• Type: Inter Partes Review
• Filed: 2026-06-12
• Status: Pending. The petition was filed very recently and is awaiting initial processing and review for institution.
• Judge panel: Not yet publicly available.
• Petition grounds: The petition details are not yet publicly available, but typically, IPRs challenge claims under 35 U.S.C. §§ 102 and/or 103 based on patents and printed publications. Given the "inventor: Josep Mumbru et al" listed in the PTAB data, Fractus SA, as the current assignee, is the likely Patent Owner.
• Institution decision: Not yet issued. The PTAB has a statutory deadline of 6 months from the petition's filing date (i.e., by 2026-12-12) to decide whether to institute the IPR.
• Final Written Decision: Not applicable. No Final Written Decision has been issued.
• Settlement / termination: Not applicable. No settlement or termination has occurred.
• Appeal: Not applicable. No appeal has occurred.
• Defensive value: This active proceeding indicates that at least some claims of US8362960 are being challenged by Resmed Corp. The outcome of the institution decision and any subsequent trial will be crucial for understanding the strength and validity of the patent. For a defendant, this creates an opportunity to observe the validity challenge without incurring the direct costs of initiating a PTAB proceeding.

Strategic summary

Currently, all claims of US8362960 remain UNTESTED by a Final Written Decision from the PTAB. There is one active Inter Partes Review, IPR2026-00341, initiated by Resmed Corp. challenging the patent. Since this proceeding was filed only yesterday (2026-06-12), no claims have yet been canceled or confirmed patentable through PTAB review.

The estoppel landscape has not yet been significantly shaped for US8362960. Should IPR2026-00341 be instituted, Resmed Corp. (and any privies) would be estopped from raising grounds they raised or reasonably could have raised in district court or future PTAB proceedings, per 35 U.S.C. § 315(e)(2), concerning the claims reviewed in the IPR. However, for other potential defendants, all prior art grounds remain available for challenge. There is no discernible pattern yet, as this is the first listed PTAB proceeding for the patent.

Recommended next steps

• Monitor IPR2026-00341 closely: The primary next milestone for IPR2026-00341 is the institution decision. The PTAB is expected to issue a decision on institution by December 12, 2026. Monitoring this decision will reveal which claims, if any, are deemed sufficiently challenged to proceed to trial.
• Review the petition: Once the petition and associated documents for IPR2026-00341 become publicly available on the USPTO PTAB E2E system, it would be critical to analyze the specific claims challenged, the prior art cited, and the arguments made by Resmed Corp. This will provide insight into potential weaknesses of the patent. You can access the public filings via the USPTO Patent Trial and Appeal Board End-to-End (E2E) System.* Monitor IPR2026-00341 closely: The primary next milestone for IPR2026-00341 is the institution decision. The PTAB is expected to issue a decision on institution by December 12, 2026. Monitoring this decision will reveal which claims, if any, are deemed sufficiently challenged to proceed to trial. It's also worth noting the recent USPTO guidance from March 2026 regarding discretionary institution, which considers factors like U.S. manufacturing presence. This new guidance could influence the Director's decision on institution for IPR2026-00341.
• Review the petition: Once the petition and associated documents for IPR2026-00341 become publicly available on the USPTO PTAB E2E system, it would be critical to analyze the specific claims challenged, the prior art cited, and the arguments made by Resmed Corp. This will provide insight into potential weaknesses of the patent. You can access the public filings via the USPTO Patent Trial and Appeal Board End-to-End (E2E) System by searching for IPR2026-00341.
• Consider parallel litigation: While not directly related to US8362960, Resmed Corp. has been involved in other patent litigation recently, including successfully dismissing a patent infringement complaint in Linden v. ResMed Co. in February 2026 and having a lower unpatentability finding affirmed by the Federal Circuit in New York University v. ResMed in June 2026. This suggests Resmed is an active participant in patent challenges. If you are a defendant facing assertion of this patent, understanding Resmed's strategy and the grounds raised in their IPR can inform your own defense.
• No PTAB Final Written Decision exists yet: The absence of any prior PTAB activity, particularly a Final Written Decision, means that the validity of the claims of US8362960 has not yet been definitively confirmed or rejected by the PTAB. This means that a PTAB-based defense strategy remains viable and potentially impactful.