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Patent Considerations in View of the Nearshoring Trends to the Americas
Section 337 investigations at the U.S. International Trade Commission (ITC) remain an efficient and powerful method for American businesses seeking relief from foreign acts of unfair competition, including infringement of...more
The Patent Trial and Appeal Board (PTAB) continues to play a pivotal role in shaping the intellectual property landscape. In 2024, several developments affecting PTAB practice emerged, from new rulemaking at the USPTO to key...more
Please see Charts below for more information....more
The institution rate for post-grant petitions in FY 2022 through the end of November 2021 (Oct. 1, 2021 through Nov. 30, 2021) stands at 66% (138 instituted, 71 denied) compared to 59% in the previous fiscal year....more
The institution rate for post-grant challenges in current FY 2021 (Oct. 1, 2020 through Feb. 28, 2021) stands at 61% (305 instituted, 198 denied) compared to 56% in the previous fiscal year. This rate is more consistent...more
Patent litigation is increasing. Specifically, the 13 percent rise in patent cases from 2019 indicates that the pandemic did not slow down litigants. This reverses the trend since 2015 of gradually decreasing numbers of new...more
Total PTAB petitions remained flat in FY2020, with 1513 petitions total being filed: IPR (1429), PGR (64), and CBM (20), compared to 1464 in FY2019 and 1613 FY2018, down from 1901 in FY2017. September IPR petition filings...more
At Federal Circuitry, we frequently update our statistics. We now have almost a year’s worth of data since we started our project of collecting every Federal Circuit decision and collating all of the Court’s substantive...more
The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through June 30, 2020) stands at 56% (478 instituted, 376 denied) compared to 63% in the previous fiscal year. This lower institution rate...more
The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through April 30, 2020) stands at 55% (370 instituted, 300 denied) compared to 63% in the previous fiscal year. This lower institution rate...more
The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through January 31, 2020) stands at 56% compared to 63% in the previous fiscal year. While a relatively small sample size (204 instituted, 161...more
The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through December 31, 2019) stands at 55% compared to 63% in the previous fiscal year. While a small sample size (138 instituted, 113 denied),...more
These charts and graphs appear in the firm’s Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions report.... The steady decline in district court patent appeals that began in FY16 continued in FY19, while...more
When the PTAB renders a decision, one of the parties is almost certain to be unhappy. Providing appropriate advice in the face of an undesired outcome requires an understanding of the odds of changing the outcome. This...more
The institution rate for post-grant challenges in current FY 2019 (Oct. 1, 2018 through May 31, 2019) stands at 63% compared to 60% in the previous fiscal year. Through May FY 2019, 957 IPR petitions, 38 PGR petitions, and 22...more
After the Supreme Court’s decision in SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018), PTAB observers noted several ways in which the decision could affect the PTAB review process. Nearly five months after the decision...more
The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. Two new design petitions have been filed since May – the first since April 2017. Two...more
The PTAB has posted the AIA Trial Statistics through the end of calendar year 2017. The statistics are available for download at the PTO website....more
September 16, 2017 marked five years since the Patent Trial and Appeal Board (PTAB) was created. Some of the notable statistics and trends of the previous 5 years are shown here....more
The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. Since February 2017, with 13 additional design patent institution decisions the...more
Although post-grant challenges of design patents have consistently made up a small percentage of the total number of patent challenges, these numbers have steadily increased to their highest level in 2017. The statistics...more
March 31st marked the mid-point of the PTAB’s fiscal year and the release of mid-year statistics on AIA proceedings... ...One interesting trend is a continued increase in overall number of IPR petitions (mid-year there are...more
The USPTO’s Patent Trial and Appeal Board (PTAB) has released its March 2017 statistics. The end of March marking the halfway point in the USPTO's fiscal year, the overall totals for fiscal year 2017 (FY 2017) are coming...more
The USPTO’s Patent Trial and Appeal Board (PTAB) has released its February 2017 statistics. After a spike in new petition filings for January 2017, new filings returned to a more typical pace in February....more