Looking Back at 2021: PTAB Trial and Appeal Statistics

Rothwell, Figg, Ernst & Manbeck, P.C.

Late last year, the PTAB published its final round of statistics for 2021. From October 1, 2020 to November 30, 2021, 1629 petitions were filed at the Patent Trial and Appeal Board (PTAB). The majority of petitions filed are for Inter Partes Review (IPR), with less than 10% of petitions filed for Post Grant Review (PGR).

By technology, the majority of petitions filed, by far, are in the fields of electrical and computer science. Mechanical and business method petitions are second, biopharma petitions third, chemical petitions fourth and finally, design patent petitions last.

Overall, the institution rates of petitions have gone up slightly in fiscal year (FY) 2021 compared to FY 2020. However, it is still lower than usual compared to the last five years. This trend could be due the PTAB’s use of discretionary denials of IPR petitions when there is a parallel litigation in district court under the Fintiv precedent[1] as we previously discussed.

In contrast, settlement rates have gone up compared to the last five years. However, as we noted in our previous article discussing PTAB statistics, it is challenging to draw any definite conclusions from settlement statistics because it is difficult to find out whether the settlements tend to be more favorable to the challenger or patent owner.

Finally, appeal outcomes in FY 2022 so far (October 1, 2021 to November 30, 2021) are very similar to appeal outcomes from FY 2021 (October 1, 2020 to September 30, 2021).

For more information, the PTAB’s most recent statistics can be found here, and archived materials for previous years can be found here (trial statistics) and here (appeals and interference statistics).

[1] See Apple, Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020, designated as precedential May 5, 2020)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Rothwell, Figg, Ernst & Manbeck, P.C. | Attorney Advertising

Written by:

Rothwell, Figg, Ernst & Manbeck, P.C.

Rothwell, Figg, Ernst & Manbeck, P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.