By Matthew L. Cutler, Principal
Welcome to Volume 6 of our IPR-PGR Quarterly Report. This Report brings news of a large spike in Petition filings and some interesting trends that come from a more significant data set derived from Final Written Decisions. Also, we are still waiting on our first PGR filing.
First, after a brief respite last quarter, Petition filings rose to an all time high of about 30/week. This is higher than expected, but a portion of the spike is attributable to an interesting battle playing out between Patent Owner Zond, LLC, and a number of defendants in co-pending litigation. In the last two months, over 60 IPR petitions have been filed against Zond patents!
Second, as more Final Written Decisions have been rendered, the landscape does not look as bad for Patent Owners. The cancelation rate dropped from 96% to about 69%. Also, the last quarter brought our first granted Motions to Amend. It seems the Board has stopped adding requirements to what it takes to succeed in such motions, and Patent Owners have adjusted enough to see some success. These Patent Owner successes are helping change the narrative and establish that IPR proceedings are not only efficient and cost-effective, but also fair.
Thank you for your continued interest in Harness Dickey’s Post Grant Practice. Please email us at IPR-PGR@hdp.com if you have any questions about our Report or any other aspect of IPR proceedings.