Lex Machina reveals PTAB trends
California | 25 January 2016

Patents covering communications and semiconductors were far more likely to experience Patent Trial and Appeal Board (PTAB) litigation last year than patents on mechanical engineering or biochemistry, according to a new Lex Machina report.

The report on PTAB litigation during 2015—based on inter partes review and covered business method petitions—revealed that communication and semiconductor patents were involved in 18 and 17 percent of terminated petitions, respectively, while mechanical engineering and biochemistry rights accounted for only 10 and 8 percent.

Institution decisions were highly consistent around a median of 181 days, while times to final decisions were more spread out around a median of 533 days, or about one and half years, according to the report.

Apple filed 252 PTAB trials, but the company has never appeared as a patent owner.

Samsung, the second most active petitioner, filed 155 PTAB trials, and has appeared as a patent owner in 11 petitions.

“At Lex Machina, we’re excited about improvements to Legal Analytics for PTAB, and this report confirms the value of those innovations, offering unique insights into what is happening at PTAB with unprecedented levels of detail—and in a highly intuitive visual format,” commented Owen Byrd, general counsel at Lex Machina.

“The report presents a number of highlights in current PTAB trends, but it also provides graphical explanations of the many enhancements we’ve made to Legal Analytics for PTAB so that users can easily generate the metrics that are most relevant to their own practice.”

Author: Mark Dugdale

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