By Tom Ritchie

The institution rate for post-grant petitions in FY 2024 through the end of April 2024 (the period from Oct. 1, 2023 through April 30, 2024) stands at 66% (427 instituted, 230 denied).  This rate remains flat compared to the previous two fiscal years (67% in FY 2023 and 66% in FY 2022), but remains significantly increased from the two fiscal years prior to that (58% in FY 2021 and 56% in FY 2020).

On a per-patent-challenged basis, rather than per-petition, the institution rate for FY 2024 through April is just slightly higher at 71% (387 instituted, 158 denied).

The number of IPR petitions filed has been at a fairly consistent rate for the last few years.  Through April FY 2024, 689 IPR petitions and 17 PGR petitions have been filed.  That is on pace for 1181 IPR petitions in FY 2024, compared to a similar levels of 1209 in FY 2023, 1320 in FY 2022, and 1308 in FY 2021.

PTAB statistics through April 2024 can be accessed here, and the statistics for prior months and fiscal years may be accessed here.

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Tom Ritchie represents technology companies in intellectual property matters, with a particular emphasis on high-technology patent litigation. Tom has represented clients before U.S. district courts and the USPTO's Patent Trial and Appeal Board (PTAB) in cases related to a variety of technologies, including computer software, semiconductors, and wireless communication systems. He is also experienced in matters relating to standard-essential patents (SEP) that must be licensed on fair, reasonable, and non-discriminatory terms (FRAND), including patents related to the 3GPP / ETSI standards for UMTS and LTE mobile communications. Representative clients include Qualcomm, NXP, and Kyocera.