By Matt Johnson

Institution rates have ticked up while petition filing rates are even over 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 March 2019, 763 IPR petitions have been filed, on pace for 1526 for the year.  That is right on track with 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.

The PTAB’s full statistics through March 2019 can be accessed here.

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Matt Johnson is one of the Firm's primary contacts on practice before the PTAB. Matt consults on nearly every one of Jones Day's over 225 PTAB cases to date. He currently serves as co-chair of Jones Day's PTAB practice.