Institution Denied For Insufficient Publication Evidence

On October 29, 2024, BabyBjörn AB ("BabyBjörn") filed two separate petitions for inter partes review ("IPR") of U.S. Patent No. 11,786,055 ("the '055 Patent"), which is assigned to The ERGO Baby Carrier, Inc. ("ERGO Baby"). ERGO Baby had previously asserted the '055 Patent against BabyBjörn in the Western District of Texas on February 9, 2024. The '055 Patent describes an adjustable child carrier designed to ergonomically support a child as the child grows. Each petition challenged the same claims as unpatentable under 35 U.S.C. §§ 102 and 103 in view of different prior art combinations.

Several of BabyBjörn's asserted unpatentability grounds relied on the "BabyBjörn Baby Carrier Synergy Owners Manual" ("Manual") as a prior art reference. BabyBjörn AB v. The ERGO Baby Carrier, Inc., IPR2025-00110, Paper 20 at 7–8 (P.T.A.B. Apr. 22, 2025). Importantly, the only basis in the petition for the Manual's status as a prior art printed publication was a parenthetical in a