The parties and the patent

The proceeding is HAAS, Inc. v. Emergency Safety Solutions, Inc., IPR2027-00016. HAAS, Inc. is the petitioner and names itself as the only real party in interest. U.S. Patent 12,109,938 is titled System for Communication of Hazardous Vehicle and Road Conditions.

What the claims cover

Claim 1, the only independent claim, covers a system for providing real time indication of a hazardous vehicle condition. A server is in communication with a microprocessor of a first vehicle and receives a communication sent from that vehicle indicating that it is in a hazardous condition and giving its location. The server also receives a communication giving the location of a second vehicle, and it sends a third communication to the second vehicle when it is determined that the two vehicles lie on a common roadway path and within a predetermined distance of one another. The dependent claims add an alert to an occupant of the second vehicle (claim 2), a global positioning system for the first vehicle's location (claim 3), a visual alert (claim 4) shown on a heads-up display (claim 5), an audio alert (claim 6), and a high conspicuity external visual indicator on the second vehicle (claim 7) that strobes its rear lights (claim 8).

The grounds and the prior art

Four grounds challenge claims 1 to 8: (1) Fields anticipates claims 1 to 4 and 6 under 35 U.S.C. 102 or renders them obvious under 35 U.S.C. 103; (2) Fields and Pisz render obvious claims 1 to 4 and 6; (3) Fields, with or without Pisz, and Ricci render claim 5 obvious; and (4) Fields, with or without Pisz, and Seifert render claims 7 and 8 obvious. The references are Fields, U.S. Patent 9,805,601; Pisz, U.S. Patent 8,548,686; Ricci, U.S. Patent 9,524,597; and Seifert, U.S. Patent Application Publication 2014/0368324.

The Delaware case and the supply agreement

The petition lists Emergency Safety Solutions, Inc. v. HAAS, Inc., No. 1:26-cv-00838 (D. Del.), as a related matter. Emergency Safety Solutions filed that case on July 10, 2026, and it is assigned to Judge Gregory B. Williams. The complaint alleges, on information and belief, that HAAS's Safety Cloud Systems infringe at least claims 1 to 4 of the '938 patent and that the infringement has been willful. It says the two companies entered a Master System Sub Supply Agreement on or about September 25, 2024, under which Emergency Safety Solutions granted HAAS a limited, non-exclusive license under the '938 patent solely to fulfill HAAS's obligations under that agreement, and that HAAS gave written notice terminating the agreement on June 25, 2026. A second count, pleaded in the alternative, alleges that HAAS breached the agreement by using the patented technology for its own benefit. The complaint seeks damages, enhanced damages, attorney fees and preliminary and permanent injunctions.

HAAS moved to dismiss for failure to state a claim on September 4, 2026, and Emergency Safety Solutions filed its opposition on October 5, 2026. Both briefs were filed under seal, and the redacted versions are not publicly available. Under the briefing schedule the court entered on September 10, 2026, HAAS's reply was due October 20, 2026.

The '938 patent issued October 8, 2024. USPTO assignment records show that the named inventors assigned the application to ESS-HELP, Inc. in assignments executed in October and December 2022, and that ESS-HELP, Inc. assigned the patent to Emergency Safety Solutions, Inc. by an assignment executed September 16, 2025 and recorded October 21, 2025.

What to watch next

Under 37 CFR 42.107(b), Emergency Safety Solutions may file a preliminary response within three months of the notice according the petition a filing date. Under the USPTO's interim Director discretionary process, any discretionary denial brief from Emergency Safety Solutions is due within two months of that notice. Watch for the notice, those filings, and the institution decision, and in the Delaware case for a ruling on HAAS's motion to dismiss.