By Matt Johnson –

The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through January 31, 2020) stands at 56% compared to 63% in the previous fiscal year.  While a relatively small sample size (204 instituted, 161 denied), this is a number that we will watch closely over the coming months.  January institutions were 66 institutions to 48 denials (58% institution).

Through January FY 2020, 396 IPR petitions, 11 PGR petitions, and 5 CBM petitions have been filed.  At that pace, 1188 IPR petitions would be expected in FY 2020, compared to 1394 in FY 2019 and 1521 in FY 2018.  The current pace represents a 34% drop from the 1812 IPRs filed in FY 2017.  While December IPR filings were high (144), January IPR petitions (79) were more consistent with recent trends.

The PTAB’s statistics through January 2020 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. Currently co-chairing the Firm's PTAB subpractice and involved in proceedings at the Board since the first day of their availability in September 2012, Matt regularly represents clients as both petitioners and patent owners at the Board. He further works as an advocate for clients in appeals from Board proceedings at the Federal Circuit.