In 2019, the number of new petitions filed at the Patent Trial and Appeal Board (PTAB) was down 23% from the year before. Law360 interviewed Finnegan partner Josh Goldberg for his insight into the decline.
Since U.S. Patent and Trademark Office Director Andrei Iancu took office in early 2018, the PTAB has chosen not to institute review on petitions it views as repetitive, such as when multiple petitions challenging the same patent are filed by the same party or by co-defendants in related litigation. Josh said, “That continued march forward of more and more discretion is, at the margins, causing potential petitioners to either not file at all, or to work together to file a single petition as opposed to multiple petitions.”
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