US PTAB IP Litigation

Nike, Inc. v.SherryWear, LLC

· IPR2024-01124

Nike successfully petitioned to challenge key claims of SherryWear's intimate apparel patent (9723878) on grounds of obviousness. The PTAB instituted review, finding a reasonable likelihood that at least one claim is unpatentable over combinations of prior art like Vidal/Spagna and Handras/Spagna.

Nike, Inc. v.SherryWear, LLC et al.

· IPR2024-01125

Nike successfully petitioned to challenge SherryWear's bra design patent (9808036) on grounds of obviousness over combinations of prior art references. The PTAB institution decision found that Nike had established a reasonable likelihood of prevailing on the asserted claims, leading to trial.

Nike, Inc. v.SherryWear, LLC

· IPR2024-01123

Nike successfully petitioned the PTAB to challenge SherryWear's apparel patent, leading the Board to institute proceedings on obviousness grounds. The decision focuses on whether combinations of prior art references teach or suggest the claimed design elements in intimate apparel.

Nike, Inc. v.SherryWear, LLC

· IPR2024-01122

Nike challenged SherryWear's claims regarding bra design and intimate apparel based on obviousness over prior art references like Vidal and Pintor. The PTAB institution decision found a reasonable likelihood of prevailing for Nike, specifically regarding independent claim 1 over the combination of Vidal/Pintor, leading to the case being instituted.

patent denied · Jul 17, 2024

MPL Brands NV, Inc. v.BuzzBallz, LLC

· IPR2024-01098

MPL Brands NV successfully petitioned to institute IPR against BuzzBallz, LLC regarding container design patents. The Board found a reasonable likelihood of unpatentability based on anticipation and obviousness over prior art references like Kick. Trial is now pending for the challenged claims.

Roku, Inc. v.Anonymous Media Research Holdings, LLC

· IPR2024-01058

Roku, Inc.'s IPR challenge against Anonymous Media Research Holdings was denied by the PTAB. The Board found Petitioner failed to demonstrate a reasonable likelihood of prevailing on its obviousness claims under 35 U.S.C. § 103.

patent denied · Jul 17, 2024

Roku, Inc. v.Anonymous Media Research Holdings, LLC

· IPR2024-01055

Roku, Inc.'s IPR challenging Anonymous Media Research Holdings' content identification patent was denied by the PTAB. The Board found that Petitioner failed to demonstrate a reasonable likelihood of prevailing on its obviousness assertions against multiple prior art references.

patent final · Jul 17, 2024

Dr. Squatch, LLC v.The Procter & Gamble Company

· IPR2024-01174

The PTAB issued a final written decision finding all 23 challenged claims of U.S. Patent No. 11,497,706 unpatentable. The petitioner successfully demonstrated that the claimed aluminum-free deodorant compositions were anticipated or rendered obvious by various combinations of prior art references.

patent Final Written Decision · Jul 17, 2024

Dr. Squatch, LLC v.The Procter & Gamble Company

· IPR2024-01173

The PTAB found that the petitioner's challenges against claims 1-7, 9-13, and 16-19 were successful. The Board determined that the challenged deodorant formulations were unpatentable under both 35 U.S.C. § 102 (anticipation) and § 103 (obviousness).

patent final · Jul 17, 2024

MPL Brands NV, Inc. v.BuzzBallz, LLC

· IPR2024-01098

The PTAB issued a final written decision finding all six claims of the '904 patent unpatentable. The Board determined that the claimed features were anticipated or obvious over prior art references (Kick, Ackermann, Kaminski, Hutchinson).

patent · Jul 16, 2024

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.

patent terminated or settled · Jul 16, 2024

National Beef Packing Company and Institute for Environmental Health have settled their disputes over four patents and jointly moved to terminate the related inter partes reviews, invoking 35 U.S.C. § 317.

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.

patent terminated or settled · Jul 16, 2024

National Beef Packing Company and Institute for Environmental Health settled their inter partes review, leading the PTAB to terminate the proceeding and dismiss the petition.

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.

National Beef and Institute for Environmental Health settled four inter partes review proceedings, resulting in the termination of all petitions without a merits decision. The Board granted the joint motion to terminate and kept the settlement agreement confidential.

patent · Jul 16, 2024

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.

National Beef and Institute for Environmental Health have settled their disputes and jointly moved to terminate four pending IPRs, invoking 35 U.S.C. § 317(a). The Board is asked to grant termination before any final written decisions are issued.

patent · Jul 16, 2024

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.

patent terminated or settled · Jul 16, 2024

National Beef and Institute for Environmental Health have settled all disputes over four patents and filed a joint motion to terminate the pending IPRs. The Board is asked to grant termination under 35 U.S.C. § 317(a) per established precedent.

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.

National Beef Packing and Institute for Environmental Health settled their inter partes review of U.S. Patent 7,534,584. The Board terminated the proceeding without a merits decision, granting confidentiality for the settlement.

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.

patent denied · Jul 16, 2024

National Beef Packing Company challenged the '771 patent on obviousness grounds related to modular compositing and microbial testing protocols. The PTAB institution decision was driven by parallel district court litigation and a compelling merits case presented by the petitioner. This sets up significant future challenges in both administrative and judicial forums.

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.

National Beef Packing Company challenged the validity of Patent 8,822,143 based on obviousness (Grounds 1-3). The Board denied institution because the Fintiv factors did not support discretionary denial.

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.

National Beef Packing Company challenged the validity of a food safety patent (7534584) before PTAB, arguing obviousness over prior art like ICMSF and Gombas. The Board decided to institute the IPR based on Fintiv factors, allowing the challenger to proceed with its invalidity arguments.

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.

National Beef Packing Company successfully petitioned to institute IPR against the '771 patent, establishing a reasonable likelihood of success over at least one claim. The Board adopted Petitioner's definition for 'validation,' clarifying that it merely requires a sample test negative, rejecting the Patent Owner's broader interpretation regarding commercial release.

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.

National Beef Packing Company successfully initiated an IPR against Institute for Environmental Health, Inc.'s microbial testing patent (8822143). The Board adopted a narrow definition of 'validated' as merely determining a sample tests negative using the detection assay.

National Beef Packing Company, LLC v.Institute for Environmental Health, Inc.