PTAB challenges

Proceedings overview

There are no AIA trial proceedings on file for US Patent 9814431. This indicates that the patent has not been challenged through Inter Partes Review (IPR), Post-Grant Review (PGR), or Covered Business Method (CBM) proceedings at the Patent Trial and Appeal Board (PTAB) to date. This gives a defendant a posture where all claims of the patent remain untested by PTAB.

Strategic summary

As of the current date, all claims (1-22) of US Patent 9814431 remain unchallenged in PTAB proceedings. No claims have been canceled or sustained through an AIA trial, and none are currently under active review. This means there is no estoppel landscape established under 35 U.S.C. § 315(e)(2) concerning prior art grounds that could have been raised in an IPR. All potential prior-art grounds remain available for a defendant facing assertion of this patent. The absence of PTAB activity suggests that the patent has not yet been subject to significant challenges from accused infringers or defensive aggregators.

Recommended next steps

Since there is no PTAB activity on file for US Patent 9814431, a potential defendant has several options. If facing an assertion, a detailed prior art search would be a prudent first step to identify potential grounds for an IPR or other invalidity challenge. Given the patent's issue date (2017-11-14), it is eligible for IPR (challenging claims based on patents or printed publications under § 102 or § 103). It is not eligible for PGR, as PGR must be filed within nine months of the patent's grant or reissue. The absence of PTAB challenges thus far means that a defendant would be initiating the first such proceeding, potentially setting the precedent for how the PTAB views the patent's claims.