In the article “Data-Driven Insights On Optimizing PTAB Institution Decisions,” Knobbe Martens associate Jacob Golan and partner Benjamin Anger empirically analyzed trends in Patent Trial and Appeal Board (PTAB) institution decisions over the last six years.
Using data on inter partes reviews from January 2018 to February 2024, the authors “focused on what sort of challenges patent owners face at the institution phase.” In doing so, Golan and Anger sought “to gain a comprehensive understanding of critical information a patent owner should know regarding trends in PTAB decision making when their patent comes under challenge” as well as the arguments worth raising in the patent owner’s preliminary response (POPR).
Ultimately, the authors write, “[g]iven the difficult odds of winning once the case is instituted, a patent owner should view the arguments made at the preinstitution stage in the POPR as critically important to the overall goal of upholding the patentability of the claims.”
Read the full article here.