By Matt Johnson –

The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through June 30, 2020) stands at 56% (478 instituted, 376 denied) compared to 63% in the previous fiscal year.  This lower institution rate compared to prior years, and its effect on petition filings, are items that we continue to keep a close eye on.  April institutions were 62 institutions to 30 denials (67.4% institution).

Through July FY 2020, 990 IPR petitions, 52 PGR petitions, and 11 CBM petitions have been filed.  At that pace, 1320IPR petitions would be expected in FY 2020, compared to 1394 in FY 2019 and 1521 in FY 2018.  The current pace represents a 27% drop from the 1812 IPRs filed in FY 2017.  June IPR petitions (152) were the highest seen this fiscal year.

The PTAB’s statistics through June 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.