PTABLitigationBlog.com: PTAB Popularity and Reasons

What Has Been the Reception of the PTAB? The original estimate…

Actual Filings Per Year Wildly (4x) more popular than expected

Reason 1 - Structural Collection of tech-savvy Administrative Law Judges (ALJ) Tasked with administering new, fast-paced post- issue patentability challenges Viable alternative to district court validity challenge Compare to Inter Partes Reexamination

Reason 2 – District Court Advantages Stays Fast paced PTAB Trials + Simplification of cases = Stays as an attractive option to judges Stays requested pre-institution – 50% Stays requested/renewed post-institution – 80%+ Discovery reprieve for accused infringer Delayed recovery for patent owner

Reason 3 - Results Over First Four Years Early institution rates over 80% Current institution rates trending toward 70%

Results Over First Four Years PTAB regularly holds claims unpatentable 80%+ kill rate once instituted

Action Item: Get up to speed now! Every patent litigation matter now includes consideration regarding PTAB strategy Patent Owners should prep case and complaint with an eye toward a likely challenge Accused infringers should look to PTAB as opportunity to duck immediate discovery costs and to flip the leverage in the case

Contacts Matt Johnson is one of the Firm’s primary contacts on practice before the USPTO’s Patent Trial and Appeal Board (PTAB). mwjohnson@jonesday.com (412) 394-9524 http://www.jonesday.com/mwjohnson/ Dave Cochran leads the PTAB Litigation practice at Jones Day and has more than 20 years of experience providing a full range of patent legal services.  dcochran@jonesday.com (216) 586-7029 http://www.jonesday.com/dcochran/