September 22, 2019 Feature

Frequent Filers? What the Data Says about Parallel PTAB Cases

Roshan S. Mansinghani and Robert K. Jain

©2019. Published in Landslide, Vol. 12, No. 1, September/October 2019, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

Few other changes in patent law have caused as much uproar as the creation of the Patent Trial and Appeal Board (PTAB) under the 2011 America Invents Act (AIA). The PTAB was created to more efficiently address the swelling patent litigation docket of the time via proceedings in the U.S. Patent and Trademark Office (USPTO) that often occur in response to, and run parallel to, district court patent litigation (AIA challenges). “In 2018, the PTAB was the most common venue for patent disputes overall, having received more new patent disputes than the top three district courts combined.”1 Here, we analyze patterns and trends in the use of AIA challenges by district court litigants.

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