The PTAB's October statistics indicate a quiet first month of FY 2019, with 115 petitions for IPR, 5 PGR petitions, and 2 CBM petitions being filed in October. That filing rate would extrapolate to 1464 total filings for the year, compared with 1613 in FY 2018. But a significant jump is expected in the November data, where 184 petitions were filed in the first two weeks of the month alone, in anticipation of the claim construction change over from broadest reasonable interpretation (BRI) to Phillips.
Institution rates were consistent with recent practice (63% in FY2017, 60% in FY2018), with 69 trials being instituted and 43 denied (62% institution). The PTAB is currently administering exactly 1500 active cases, where 856 petitions are in the pre-Institution Decision phase, and 644 instituted trials are ongoing.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
