A PTAB proceeding, such as an Inter Partes Review (“IPR”), Covered Business Method Review (“CBM”) or Post-Grant Review (“PGR”) is a powerful defensive strategy because of speed and cost. The business calculus, however, changes significantly if the petitioner has already been sued in district court and the district court judge denies a stay. Then, instead of a cheaper, faster process, the petitioner/defendant is faced with parallel proceedings with differing standards, different deadlines, overlapping but different rules and additional fees and costs. And that does not take into account the potential estoppel from the PTAB proceeding and the added strategy analysis that is required. Docket Navigator is a great resource for performing your pre-PTAB filing due diligence. The below chart shows stay grant rates in each of the biggest patent districts. You can also get judge-by-judge statistics and stay decisions that will be even more valuable in a specific case where you can identify the deciding judge.
Please click here to view the chart.