The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through November 31, 2019) stands at 50% compared to 63% in the previous fiscal year. While a small sample size (88 instituted, 88 denied), this is a number that we will watch closely over the coming months.

Another interesting development is that through November FY 2020, 173 IPR petitions, 7 PGR petitions, and 5 CBM petitions have been filed. At that pace, only 1038 IPR petitions would be expected in FY 2020, compared to 1394 in FY 2019 and 1521 in FY 2018. The current pace represents an over 40% drop from the 1812 IPRs filed in FY 2017.

The PTAB’s statistics through November 2019 can be accessed here, and the PTAB’s statistics for prior months including archived statistics may be accessed here.