The institution rate for post-grant challenges in current FY
2020 (Oct. 1, 2019 through January 31, 2020) stands at 56% compared
to 63% in the previous fiscal year. While a relatively small
sample size (204 instituted, 161 denied), this is a number that we
will watch closely over the coming months. January
institutions were 66 institutions to 48 denials (58%
institution).
Through January FY 2020, 396 IPR petitions, 11 PGR petitions,
and 5 CBM petitions have been filed. At that pace, 1188 IPR
petitions would be expected in FY 2020, compared to 1394 in FY 2019
and 1521 in FY 2018. The current pace represents a 34% drop
from the 1812 IPRs filed in FY 2017. While December IPR
filings were high (144), January IPR petitions (79) were more
consistent with recent trends.
