1. PTABLitigationBlog.com: PTAB Popularity and Reasons

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

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

4. 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

5. 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

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

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

8. 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

9. Contacts
Matt Johnson is one of the Firm’s primary contacts on practice before the USPTO’s Patent Trial and Appeal Board (PTAB).
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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. 
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