In November, the PTAB Bar Association held its annual Thought
Leader Summit. The Summit highlighted recent changes to PTAB
practice, with a keynote address from USPTO Director Andrei
Iancu.
In the opening remarks, Director Iancu summarized recent PTAB
trial statistics, stating that a total of approximately 1,460
post-grant proceedings petitions (including Inter Partes
Review (IPR), Post Grant Review (PFR), and Covered Business Method
(CBM)) were filed in FY19 (not including 1Q2019 due to the Markman
Rule change). Accordingly, about 100 petitions are filed each
month, representing about a 20% decline in filings. This
decline is believed to be the result of SAS Institute v.
Iancu and a reduction in repeat petitions. Director
Iancu also addressed the pilot program concerning motion to amend
(MTA) practice in AIA trials, indicating that 28 motions to amend
have been filed since the new MTA practice was instituted. Of
those cases, 23 asked for guidance on MTA