By Matt Johnson –

The institution rate for post-grant challenges in current FY 2021 (Oct. 1, 2020 through Feb. 28, 2021) stands at 61% (305 instituted, 198  denied) compared to 56% in the previous fiscal year.  This rate is more consistent with FY 2017-2019, where institution rates were 63%, 60%, and 63%, respectively.  February institutions were 73 institutions to 37 denials (66.4% institution).

Through February FY 2021, 518 IPR petitions and 50 PGR petitions have been filed.  At that pace, 1243 IPR petitions would be expected in FY 2020, compared to 1429 in FY 2020 and 1394 in FY 2019.  The current pace represents a 31% drop from the 1812 IPRs filed in FY 2017.  February IPR petitions (114) were the second highest seen this fiscal year (October – 119).

The PTAB’s statistics through February 2021 can be accessed here, and the PTAB’s statistics for prior months including archived statistics may 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 nearly 400 PTAB cases to date. He currently serves as co-chair of Jones Day's PTAB practice.