Law360 recently analyzed inter partes review decisions at the Patent Trial and Appeal Board (PTAB), noting that the percentage of final written decisions invalidating patent claims has decreased in recent months. Law360 reached to Finnegan attorney James D. Stein for his thoughts on why recent PTAB decisions have favored patent owners.
Stein said fewer of the patents now being challenged likely have serious validity problems. He said, "Early on in the life of the proceedings, there were a lot of so-called bad patents that were being challenged. We're working our way to the point where we're starting to see stronger patents challenged. The low-hanging fruit has worked its way through the system." He also commented on the Federal Circuit's review of PTAB decisions. He said, "Judges now have a better idea of what the Federal Circuit is looking for on appeal and can adapt and write opinions in a way that will satisfy the Federal Circuit."