patent trial and appeal board update october 22, 2014 1 chief judge james donald smith patent trial...
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Patent Trial and Appeal Board UpdateOctober 22, 2014
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Chief Judge James Donald SmithPatent Trial and Appeal BoardUnited States Patent and Trademark Office
PTAB Overview
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USPTO Locations
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Union of Board States
4
78%
4%
4%
5%
10%
Virginia Michigan
Colorado Texas
California
PTAB Office Location Demographicsas of October 20, 2014
Allocation of Judges
* As of October 20, 2014
33%
49%
8%
8%
2%
AIA
Ex parte Appeals
Inter Partes Reexamination Appeals
Management
Interferences
Appeals Overview
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PTAB Inventory – Pending Ex Parte Appeals (excluding appeals from reexamination proceedings)
24,000
24,200
24,400
24,600
24,800
25,000
25,200
25,400
25,600
25,800
26,000
26,200
26,400
26,600
26,800
27,00025,594
25,667
25,801 25,807 25,75525,741
25,870 25,92025,962
25,821 25,837 25,882 25,834
25,658
25,827
25,918
Decisions by Type: FY2013
55%
12%
30%
0% 1% 2%
Decisions
AffirmedAffirmed-in-PartReversedPanel RemandAdministrative RemandDismissed
AIA Trials Overview
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AIA Petitions (Cumulative Numbers as of October 16, 2014)
Total IPR CBM PGR Derivation0
500
1000
1500
2000
2500
2157
1908
241
2 6
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AIA Progress (as of October 16, 2014)
• AIA Monthly Filings
Total 2,157
IPR 1,908CBM 241PGR 2DER 6
AIA Progress (as of October 16, 2014)
• AIA Petition Technology Breakdown
71.5%
15.2%
7.2%
5.7%
0.4%
Electrical/Computer (1,542)
Mechanical (327)
Chemical (158)
Bio/Pharma (122)
Design (8)
AIA Progress (as of October 16, 2014)
• AIA Petition Dispositions
Trials Instituted Joinders Percent
Instituted Denials
Total No. of Decisions
on Institution
IPR
FY13 167 10+ 87% 26 203
FY14 557 15+ 75% 193 765
FY15 46 18+ 86% 10 74
CBM
FY13 14 - 82% 3 17
FY14 91 1+ 75% 30 122
FY15 4 - 80% 1 5
DER FY14 - - 0% 3 3
AIA Progress (as of October 16, 2014)
• AIA Final Dispositions
Settlements Adverse Judgments
Final Written
Decisions
IPRFY13 38 2 0FY14 210 39 130FY15 3 1 11
CBMFY13 3 0 1FY14 27 3 13FY15 4 - 2
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The Patent Trial and Appeal Board