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ARTICLE · 26 DECEMBER 2019

PTAB Bar Association – Thought Leader Summit Recap

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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.

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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

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