By Matt Johnson –

The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through December 31, 2019) stands at 55% compared to 63% in the previous fiscal year.  While a small sample size (138 instituted, 113 denied), this is a number that we will watch closely over the coming months.  We note that December institutions were 50 institutions to 25 denials.

Another interesting development is that through December FY 2020, 317 IPR petitions, 10 PGR petitions, and 5 CBM petitions have been filed.  At that pace, 1268 IPR petitions would be expected in FY 2020, compared to 1394 in FY 2019 and 1521 in FY 2018.  The current pace represents a 30% drop from the 1812 IPRs filed in FY 2017.  December IPR filings were high though (144 IPR petitions in December versus 99 and 74 in October, November, respectively).

The PTAB’s statistics through December 2019 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 over 290 PTAB cases to date. He currently serves as co-chair of Jones Day's PTAB practice.