PTAB October Statistics

by | Dec 17, 2018 | Prior Art Issues

By Matt Johnson – 

The PTAB’s October statistics indicate a quiet first month of FY 2019, with 115 petitions for IPR, 5 PGR petitions, and 2 CBM petitions being filed in October.  That filing rate would extrapolate to 1464 total filings for the year, compared with 1613 in FY 2018.  But a significant jump is expected in the November data, where 184 petitions were filed in the first two weeks of the month alone, in anticipation of the claim construction change over from broadest reasonable interpretation (BRI) to Phillips.  

Institution rates were consistent with recent practice (63% in FY2017, 60% in FY2018), with 69 trials being instituted and 43 denied (62% institution).  The PTAB is currently administering exactly 1500 active cases, where 856 petitions are in the pre-Institution Decision phase, and 644 instituted trials are ongoing.

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Matthew Johnson

Partner at Jones Day
Matt Johnson is one of the Firm's primary contacts on practice before the PTAB. Currently co-chairing the Firm's PTAB subpractice and involved in proceedings at the Board since the first day of their availability in September 2012, Matt regularly represents clients as both petitioners and patent owners at the Board. He further works as an advocate for clients in appeals from Board proceedings at the Federal Circuit.