Supreme Court Grants Cert in SAS to Decide Required Scope of PTAB Decision

On May 22, 2017, the Supreme Court granted certiorari in SAS Institute, Inc. v. Lee, where it has been asked to decide whether the PTAB is statutorily required “to issue a final written decision as to every claim challenged by the petitioner.” The Court’s decision will be important to IPR petitioners and patent owners alike, and could impact the scope of IPR proceedings, the PTAB’s ability to complete them within the statutory time period, and–indirectly–the scope of estoppel that could arise from an IPR proceeding. View Full Post
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Key Trends in Pharmaceutical IPRs Filed by Generic Petitioners

We reviewed a sub-group of two hundred and four (204) IPRs filed by generic drug companies against pharmaceutical patents to assess PTAB outcomes and key trends in dealing with this technology field. The survey captured IPR filings by fourteen (14) of the most active generic petitioners among the world’s top-20 generic drug companiesView Full Post
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Is the Real IPR Institution Rate Higher When Petitioner Errors & Pre-Institution Settlements Are Considered?

institution-icon-dark We have previously noted that the increasing rate of pre-institution settlement may in part be responsible for the declining institution rate in IPR proceedings because stronger petitions may drive earlier settlements, removing more effective petitions from the pool that would otherwise be instituted (“Does Spike In IPR Settlements Signify Petitioner Success?”).   View Full Post
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To Establish Entitlement to an Earlier Effective Filing Date, Every Claim Limitation Must Be Addressed

By | PTABWatch | May 1, 2017
The PTAB’s final written decision in Inguran, LLC d/b/a Sexing Techs. v. Premium Genetics (UK) LTD., Case PGR2015-00017, Paper 22 (PTAB 2016), illustrates what a Patent Owner must do to demonstrate that a challenged claim is entitled to an earlier effective filing date in an AIA trial. View Full Post
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2017 Mid-Year Statistics Point to Continued Rise in IPR Petitions

By | PTAB Trial Insights | April 28, 2017
petition-abs-dark March 31st marked the mid-point of the PTAB’s fiscal year and the release of mid-year statistics on AIA proceedings.  The full report of the mid-year statistics is found here.  One interesting trend is a continued increase in overall number of IPR petitions (mid-year there are 996 IPR petitions compared to a total of 1565 for all of last fiscal year, which represents a 27% increase in filings if the same number are filed in the second half of the year). View Full Post
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