PTAB Statistics Through Two Months of FY2022
By Matt Johnson – 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. The Patent Office notes that on a...
Board Requires Settlement Agreement to Dismiss Pre-Institution Proceeding
By Hannah Mehrle and Matt Johnson - Biofrontera AG (“Petitioner”) filed an unopposed motion to dismiss the petition during the preliminary phase of the proceedings. Here, DUSA Pharmaceuticals, Inc. (“Patent Owner”) had not yet filed a Preliminary Response, and the...
PTAB Denies One of Multiple Petitions, Leaving Claims Unchallenged
By Carl Kukkonen - On December 14, 2021, the PTAB instituted Post-Grant Review (PGR) for certain claims of U.S. Pat. No. 10,855,671 (the ‘671 Patent) in Netskope, Inc. v. Bitglass, Inc., PGR2021-00091 while, on the same date, denying institution of a PGR for different...
Use Caution When Mapping Multi-Forum Patentability Attack
By Sachin Patel and Matt Johnson - A recent PTAB decision in Sattler Tech Corp. v. Lyu represents an important reminder to carefully review the procedural and substantive requirements for filing a petition for an AIA trial, especially when dealing with declaratory...
PGR Filings Tick Up, But Still Infrequent
By John Marlott - PGR petition filings were up slightly over the prior USPTO fiscal year, but the long-term historical trend continues to show that PGR challenges remain relatively infrequent. We recently reported on the PTAB’s release of its final statistics for...