AIA Review Filings Increase from Q2, While Iancu Pushes Forward with PTAB Reforms
October 16, 2019
In the third quarter of 2019, 335 petitions for America Invents Act (AIA) review were filed with the Patent Trial and Appeal Board (PTAB), including 325 petitions for inter partes review (IPR), zero petitions for covered business method (CBM) review, and ten petitions for post-grant review (PGR). In total, these figures represent a 6.3% increase over the previous quarter and a 21% decrease from Q3 2018.
That increase comes as USPTO Director Andrei Iancu continues to implement a series of incremental reforms at the PTAB. The Board’s Precedential Opinion Panel, which was formed last year and includes Director Iancu, has issued or designated nearly 20 precedential PTAB decisions, including some that expand the Board’s discretion over AIA review institution and others that extend the Federal Circuit’s 2018 decision in Click-to-Call. (In that decision, the appeals court held that the IPR time bar—a one-year period outside which a petitioner cannot file an IPR that starts when a complaint is served—begins to toll even when a complaint is dismissed without prejudice.)
For more information about these trends at the PTAB, see RPX’s latest blog post: “Q3 in Review: Litigation Ticks Upward as Alice Downturn Continues”.
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