Tag Archives: statistics

The Cost-Effectiveness of PTAB Proceedings

image001PTAB litigation is less expensive and faster than the old ways.

An old joke about patent litigation among trial counsel that produces cringes when told to clients is that patent litigation is known as the “sport of kings.” That is because of the great expense of investigating, pleading, discovery, motion practice, expert discovery, pretrial preparation, and trial in a traditional patent case. Like that other sport of kings,… More

How Many Litigated Patents are Actually Subject to PTAB Proceedings?

The current wisdom is that if you are planning to enforce a patent, you should budget to defend the inevitable IPR or CBM.  However, a review of the first three years of AIA proceedings suggests that the chance of a litigated patent being challenged in the PTAB is only around 20%.  This analysis is from the perspective of individual patents, rather than the number of cases impacted, and so does not directly address multiple assertions of the same patent.… More