As the first appeals from AIA Trials begin to trickle into the Federal Circuit, we note that parties filed more petitions in October than any month yet. In the twenty-fifth month of their infancy, IPRs, CBMs, and now PGRs have continued to prove popular, making the PTAB the busiest single forum for patent challenges.
Our data tracking suggests no signs of the PTAB slowing down any time soon. While anecdotal evidence shows that panels may be willing to decline institution based on related petitions, see Canon Inc. v. Intellectual Ventures, IPR2014-00535, Paper 9 at 19 (Sep. 24, 2014), of those instituted and reaching the merits, the majority of claims continue to be held unpatentable.
Notably, every claim that has been considered and ruled on in CBM review has been held unpatentable.
While institution statistics are slightly lower for CBMs, the data shows that thus far, CBM review remains a favorable forum for parties challenged over patents that qualify for the review.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
