1. Patent Trial and Appeal Board Update Statistics based first three years of AIA filings 3,655 petitions –3,277 (89.7%) inter partes review (IPR) –368 (10%) covered business method (CBM) –10 (.3%) post grant review (PGR) Breakdown by subject matter –Electrical/computer (63%) –Biotech/pharma (9%)

2. Patent Trial and Appeal Board Update (cont.) Trial Institutions* (awkward data) – IPR – 42% –CMB – 50% –PGR – 20% Results –12% of all claims available for challenge ultimately held invalid (4,496 of 38,462) (excludes claims dropped, settled or cancelled) –Compare this with first year’s worth of IPRs in which 25% of all claims available for challenge were ultimately held invalid

3. Expansion of Direct Infringement Akami v. Limelight (Fed. Cir. 2015) (en banc) LimeLight is an online content distribution site, and the customers “tag” and “serve” content thereon. A user agreement requires this. Jury found direct infringement, trial court judge overruled on reconsideration. Supreme Court held that 271(b) requires a single direct infringer..

4. Expansion of Direct Infringement An entity is responsible for the other’s performance of method steps when: –(1) the entity directs or controls the other’s performance, or –(2) where the actors for a joint enterprise Before Direct infringement = all steps performed by a single entity or its agent After Direct infringement = all steps can be attributed to a single entity or its agent