Unveiling Patexia's 2024 PTAB Intelligence Report: Key Trends and Insights in PTAB Filings
The intellectual property landscape is constantly evolving, with Patent Trial and Appeal Board (PTAB) proceedings continuing to serve as a central mechanism in patent litigation strategies. The 2024 PTAB Intelligence Report offers key insights, highlighting the increasing reliance on PTAB to challenge patent validity and the consequential outcomes that shape this complex area of law. This report is essential for professionals involved in intellectual property litigation or those monitoring patent trends.
Covering the period from July 1, 2019, to June 30, 2024, the report explores trends across Inter Partes Reviews (IPR), Post Grant Reviews (PGR), Covered Business Methods (CBM), and Derivation proceedings (DER). These proceedings remain pivotal in patent litigation, with patent invalidation being a critical strategy for defendants.
Year-over-Year Analysis
The report showcases notable fluctuations in PTAB filing activity. The chart below tracks the IPR and PGR filings from 2019 through the first half of 2024.
IPR filings peaked in 2020, with 1,443 filings, followed by a gradual decrease. In 2023, the number of IPR filings dropped to 1,157, continuing the overall downward trend. However, the first half of 2024 shows stability, with 638 filings—nearly matching the mid-year total of the previous year. These fluctuations reflect how companies are adapting their PTAB strategies in response to broader litigation trends.
PGR filings, while less frequent than IPRs, exhibited greater volatility, underscoring the specific nature of these proceedings. The report also notes that no new CBM filings have been made since September 2020 due to legislative changes, and DER proceedings continue to see minimal activity.
Outcomes of PTAB Proceedings
Understanding PTAB proceeding outcomes is vital for predicting litigation trends and assessing patent strength. The 2024 report offers detailed analysis of denial, settlement, and written decision rates, providing insight into how these proceedings are shaping the intellectual property landscape.
Denial of institution plays a significant role in PTAB outcomes. Analyzing non-pending IPR proceedings, 32.3% were denied institution—indicating a solid defense by patent owners at the PTAB level. Meanwhile, 32.4% of cases reached a final written decision, and 31.4% ended in settlement.
The report also evaluates the performance of law firms, attorneys, and companies involved in PTAB proceedings, offering valuable insights into the most active players. For companies and legal professionals, these rankings are critical for shaping effective strategies in patent disputes. By analyzing case involvement and outcomes, the report provides a holistic view of the PTAB landscape, revealing how PTAB proceedings are influencing patent litigation and the broader intellectual property ecosystem.
For a deeper analysis and to explore the full rankings, be sure to get your copy of the 2024 PTAB Litigation Intelligence Report, available for pre-order today at a special rate and for purchase starting tomorrow at: 2024 PTAB Intelligence Report | Patexia.