early indications from 2015 point towards nothing stopping the
momentum behind the increasingly popular PTAB proceedings.
The USPTO’s latest figures
reveal that 115 PTAB petitions were filed in January this
year, 100 of which were IPRs. While the IPR figure was down on
the 177 filed in December, it was up greatly on the 60 filed in
January last year.
And February already looks set to blow last
year’s figure out of the water. Some 60 IPR
petitions had already been filed this month by the end of
February 9, putting it ahead of the 54 IPRs filed in all of
In addition, the Federal Circuit ultimately decided to
implicitly endorse current PTAB practices at the end of January
in its first opinion on an IPR appeal. Its in Re Cuozzo
Speed Technologies decision
affirmed the PTAB’s final determination, and
found no error in the Board’s claim construction
under the broadest reasonable interpretation standard, the
Board’s obviousness determination and the
Board’s denial of Cuozzo’s motion to
Observers concluded that the Federal Circuit
had approved the basic framework for conducting PTAB
proceedings, although a strongly worded dissent from Judge
Pauline Newman did
provide some pointers for future battle grounds over PTAB
proceedings. The decision will provide certainty for PTAB
In addition, the institution and invalidation rates
– while down from the
"death-squad" days of 2013 –are still high enough
that the PTAB is by far the best shot for someone looking to
get a patent invalidated.
Managing IP recently analysed which petitioners, patent
owners and law firms were most active in 2014. Apple was the
most-active challenger of patents, Zond was the most-targeted
patent owner, and Fish & Richardson was the law firm
involved in the most proceedings. You can see the full data of
the most-active players at the PTAB in 2014
here (non-subscribers will have to take a trial to the
website to view).
Aside from crunching the numbers to see which companies did
the best in terms of volume, Managing IP also recently included
PTAB firm rankings for the first time in our IP Stars guide to the
leading IP firms and lawyers, which has just been published
You can access the 2015 IP Stars rankings here. To view the United
States rankings, choose "United States" from the "Americas"
drop down menu. You can then view the PTAB rankings by either
scrolling down the page or choosing "PTAB litigation (USPTO)"
from the "All practice areas" drop-down menu.
Don't forget: you can keep up with all of Managing IP's PTAB
coverage on our dedicated topic page at www.managingip.com/ptab