Aesthetic Management Partners, LLC and Aesthetic Management Partners, Inc. v. HydraFacial LLC

The Director concluded the sua sponte Director Review initiated to decide whether these instituted IPRs should be de-instituted and terminated in light of the ITC's findings on closely related claims. The Federal Circuit had since dismissed the ITC appeals as moot because the patent challenged in the 145 IPR expired, and vacated the ITC's Final Determination. With the ITC decision vacated, the Director ended the review, lifted the stay, and returned the IPRs to the Board. An ITC validity finding that prompted the Director to consider de-institution can lose that force if the Federal Circuit vacates the ITC determination, as it did here after the patent expired. Practitioners should track the status of parallel ITC determinations, because vacatur can end a threat of de-institution and send the IPRs back to the Board. Decision under review: the January 16, 2026 Notice (Paper 17) granting institution of IPR2025-01169 and IPR2025-01217 but staying them pending Director Review of the institution decision in IPR2025-00145 (the 145 IPR). Background: on February 12, 2026, the Director vacated institution in the 145 IPR because the ITC had already found the claims of the same challenged patent not invalid over the same prior art. Rehearing was denied. Issue: on May 1, 2026, the Director initiated sua sponte review to consider whether these IPRs should also be de-instituted and terminated in view of the ITC's findings on closely related claims. Reasoning: on July 23, 2026, the Federal Circuit dismissed the appeals of the ITC's decision as moot because the patent challenged in the 145 IPR had expired, and vacated the ITC's Final Determination. In view of that vacatur, the Director Review was concluded. Order: the sua sponte Director Review is concluded, the stay is lifted, and the IPRs are returned to the Board for further proceedings. KEY QUOTE: "In view of the court’s vacatur of the ITC’s decision, the Director Review is concluded." (Paper 22, p. 2)