According to the USPTO’s latest statistics,
there have been 108 PTAB petitions filed in the TC 1600 class
covering bio/pharma patents. This is 8.1% of all petitions
At the BIO International Convention, the
USPTO’s Jackie Wright Bonilla provided further
detail on how the TC 1600 class stacks up to others.
She revealed the TC 1600 class has a 64% institution rate
for inter partes review (IPR) petitions. This is lower than the
76% institution rate for all IPRs.
The rate of claims being cancelled by the Board in pharma
IPRs is also below the average. The TC 1600 class has had 28
final written decisions. In these, 75.5% of instituted claims
were cancelled (309 claims cancelled and 100 claims found
patentable) and 71.7% of challenged claims were cancelled.
In comparison, in the 323 final written decisions in all
IPRs 82.5% of instituted claims have been cancelled and 75.3%
of challenged claims have been cancelled.
In the same session, Sterne Kessler’s Eric
Steffe gave an overview of PTAB cases that have been appealed
to the Federal Circuit. He said 141 appeals from final IPR/CBM
decisions were docketed at the Federal Circuit. Of these, 104
(75%) are by patent owners, 18 (13%) are by petitioners and 19
(12%) are cross appeals by both parties,
Nine percent of the appeals are from the biotech/chemistry
area, with 13 appeals. Nine of these are by patent owners and
four are by petitioners, which Steffe said is "roughly
mirroring other technologies in terms of who is making those