By Matt Johnson
Institution rates have ticked up while petition filing rates are down slightly so far compared to fiscal year 2018. The running rate for institutions through the first six months of FY 2019 is at 64% compared to 60% in the previous year. Through April 2019, 854 IPR petitions have been filed, on pace for 1464 for the year. That is down about 5% compared to 1521 in FY 2018. Filing rates remained high after the perceived patent owner friendly switch from the BRI claim construction standard to the Phillips standard. But some may argue that 2019 filing numbers are inflated by multiple-petition filing strategies that have become more common post the Supreme Court’s SAS Institute decision.
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