PTAB challenges

Proceedings overview

U.S. Patent 9,859,202 is currently the subject of two active Inter Partes Review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB). Both IPRs are in the preliminary stages and are pending institution decisions, meaning no claims have yet been invalidated or sustained by the PTAB. This indicates an active defensive posture by asserted parties against the patent.

IPR2026-00303 — [Apple Inc.](/litigations/by-plaintiff/Apple%20Inc.) v. Topwire LLC

• Type: Inter Partes Review
• Filed: 2026-03-16
• Status: Pending. This proceeding is in the pre-institution phase, awaiting a decision from the Director of the USPTO on whether to institute a trial.
• Judge panel: Not yet assigned or publicly available, as the institution decision is now made by the Director, followed by panel assignment if instituted.
• Petition grounds: Specific claims challenged, prior art references, and statutory bases (§ 102 / § 103 / § 112) are not yet publicly detailed in the search results but would typically allege unpatentability under 35 U.S.C. §§ 102 and/or 103.
• Institution decision: Not yet issued. The deadline for the institution decision is typically six months from the petition filing date, placing it around September 16, 2026.
• Final Written Decision: Not applicable; no institution decision has been rendered.
• Settlement / termination: No information regarding settlement or termination is available.
• Appeal: Not applicable; the proceeding has not reached a Final Written Decision.
• Defensive value: The existence of this IPR signifies a direct challenge to the patent's validity by Apple Inc. The outcome of the institution decision, expected around September 2026, will be crucial in determining the near-term defensive landscape.

IPR2026-00324 — [[[Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.), Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.) et al.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.%20et%20al.) v. Topwire LLC

• Type: Inter Partes Review
• Filed: 2026-03-31
• Status: Pending. This proceeding is also in the pre-institution phase, awaiting a decision from the Director of the USPTO on whether to institute a trial.
• Judge panel: Not yet assigned or publicly available, as the institution decision is now made by the Director, followed by panel assignment if instituted.
• Petition grounds: Specific claims challenged, prior art references, and statutory bases (§ 102 / § 103 / § 112) are not yet publicly detailed in the search results but would typically allege unpatentability under 35 U.S.C. §§ 102 and/or 103.
• Institution decision: Not yet issued. The deadline for the institution decision is typically six months from the petition filing date, placing it around September 30, 2026.
• Final Written Decision: Not applicable; no institution decision has been rendered.
• Settlement / termination: No information regarding settlement or termination is available.
• Appeal: Not applicable; the proceeding has not reached a Final Written Decision.
• Defensive value: This IPR represents a separate, independent challenge to the patent's validity by Samsung. Its pendency indicates a multi-pronged attack on the patent, and its outcome, expected around September 2026, will add to the overall picture of the patent's strength.

Strategic summary

As of May 29, 2026, all claims of US 9,859,202 are currently UNTESTED by any Final Written Decision from the PTAB. Both IPR2026-00303 and IPR2026-00324 are in their nascent stages, specifically awaiting institution decisions from the USPTO Director. Therefore, no claims have been canceled or sustained by the PTAB at this point.

The estoppel landscape under 35 U.S.C. § 315(e)(2) is not yet relevant as no Final Written Decision has been issued in either proceeding. Estoppel would only apply to a petitioner (and its privies) for grounds raised or that reasonably could have been raised in a petition that leads to a final written decision. Since both Apple and Samsung are petitioners, their ability to raise future prior art grounds will depend on the outcomes of these IPRs and the scope of any Final Written Decisions.

A clear pattern signal is that two major technology companies, Apple Inc. and Samsung Electronics Co., Ltd., have each filed their own IPR petitions against this patent. This suggests that the patent's claims are perceived as a significant threat in ongoing or anticipated litigation, likely related to the infringement suits filed against them by TOPWIRE LLC. The fact that these IPRs were filed shortly after the district court cases against Apple and Samsung (both filed in December 2025) underscores a coordinated defensive strategy.

Recommended next steps

• For IPR2026-00303, the institution decision from the USPTO Director is anticipated around September 16, 2026.
• For IPR2026-00324, the institution decision from the USPTO Director is anticipated around September 30, 2026.
• Any defendant currently being asserted against should closely monitor the official PTAB dockets for IPR2026-00303 and IPR2026-00324 for the issuance of institution decisions. These decisions will indicate whether the PTAB believes there is a reasonable likelihood that at least one claim is unpatentable, allowing the trial to proceed. The recent change in PTAB policy, effective October 2025, means that the Director of the USPTO now personally makes the institution decision for IPRs and PGRs.