2019 PTAB Year in Review: Analysis & Trends

Powerful. Resilient. Ever-evolving. These characteristics of the Patent Trial and Appeal Board (PTAB) were on full display in 2019. This past year the PTAB received more than 1,300 inter partes review (IPR), post grant review (PGR), and covered business method review (CBM) petitions, issued a similar number of institution decisions, and rendered nearly 500 final written decisions. These petitions and decisions involved more than 1,800 unique patents – most of which are involved in co-pending district court litigation with billions of dollars on the line.

Table of Contents

• Introduction
• Data & Trends
• Discretionary Denial: “Petitioners Beware Discretionary Denial”
• Claim Construction: “PTAB Operation Under Phillips: Business as Usual with New Strategic Implications”
• Motions to Amend: “Dramatic Changes to Motion to Amend Practice”
• Evidence: “The PTAB’s Evolving Evidentiary Standards: Printed Publications at the Institution Phase”
• Consistency: “Consistency at the PTAB”
• Design Patents: “Design Patents Show Resistance from Attack in Post-Grant Proceedings”
• Motions to Stay: “Success of Motions to Stay Rising, But Why?”
• Estoppels: “IPR Estoppel Questions Answered and Remaining”
• Constitutionality: “Challenges to the Constitutionality of the Patent Trial and Appeal Board”