Patent Owners Beware, Your Patent has a 15 Percent Chance (Or Less) of Surviving the PTAB

Statistics show that PTAB first inter partes review (IPR) and covered business method review (CBM) final decisions crush patent owner claims.

March 19, 2014

The statisticians in the audience will certainly quibble with the title of this article. The sample size is too small for starters. But the fact is that of the first 20 patents taken to a final decision by the Patent Trial and Appeal Board (PTAB), 17 went down in flames. And as the reader will learn below, it’s actually worse than that.

Reprinted with permission from InsideCounsel.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Cyrus A. Morton

Partner

Chair, Patent Office Trials Group

David A. Prange

Partner

Deputy Chair, IP and Technology Litigation Group

Back to Top