Law360 reported that attorneys expect to see an increase in patent suits in 2020 as a result of the declining institution rate at the Patent Trial and Appeal Board (PTAB). Quoting Finnegan’s AIA Blog, of all final written decisions at the PTAB from 2012 to February 2018, about 31% of all or some patent claims survived an inter partes review or covered business method review. However, over the course of 2019, there were several individual months in which that percentage rose above 50%, and by the end of October 2019, the overall percentage climbed to about 35%.
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