By Matt Johnson –

The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through April 30, 2020) stands at 55% (370 instituted, 300 denied) compared to 63% in the previous fiscal year.  This lower institution rate compared to prior years is a number that we will watch closely over the coming months.  April institutions were 56 institutions to 35 denials (61.5% institution).

Through April FY 2020, 719 IPR petitions, 39 PGR petitions, and 9 CBM petitions have been filed.  At that pace, 1233 IPR petitions would be expected in FY 2020, compared to 1394 in FY 2019 and 1521 in FY 2018.  The current pace represents a 32% drop from the 1812 IPRs filed in FY 2017.  April IPR petitions (85) are slightly below the fiscal year pace.

The PTAB’s statistics through April 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. 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.