The PTAB’s November statistics confirmed the expected jump in PTAB filings in November, with many petitioners seeking to file petitions before the changeover from the BRI to Phillips claim construction standard. 212 petitions for IPR, 8 PGR petitions, and 10 CBM petitions were filed in November.
The October-November filing rates extrapolate to 2,112 total filings for the fiscal year, compared with 1613 in FY 2018, which would be a record breaking result.
Institution rates remain consistent with recent practice (63% in FY2017, 60% in FY2018), with 143 trials being instituted and 84 denied (63% institution). The PTAB is currently administering 1,576 active cases, where 942 petitions are in the pre-Institution Decision phase, and 634 instituted trials are ongoing.