Analysis

Drop In PTAB Petitions Spurred By Fewer Suits, New Policies

Law360 (February 26, 2020, 9:30 PM EST) -- The number of new petitions challenging patents at the Patent Trial and Appeal Board plunged 23% in 2019 compared to the year before, a trend attorneys ascribe to both a reduction in infringement cases and new PTAB policies seen as discouraging some types of petitions.

There were 1,322 petitions of all types filed at the board last year, down from 1,720 in 2018, the first substantial year-over-year drop in new filings since America Invents Act procedures like inter partes review became available in 2012, according to a new year-in-review report from Lex Machina.

Since many petitions are filed by defendants in patent...

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