INTER PARTES REVIEW
PROCEEDINGS:
A THIRD ANNIVERSARY REPORT
A Look Into IPR Statistics and Their Impact on IPR Strategy
SEPTEMBER 2015
CONTENTS
INTER PARTES REVIEW PROCEEDINGS: A THIRD ANNIVERSARY REPORT SEPTEMBER 2015
3
> Introduction
4
> Filing Trends and
Institution Rates
18
> PTAB “Kill Rates”:
Getting Behind
the Numbers to
Understand How IPRs
Are Affecting Patents
26
> Inter Partes Review
and Estoppel
34
> Joining Multiple
Inter Partes Review
Proceedings
40
> Trends on Requests
to Stay Pending
IPR/CBM
48
> Does the BRI Claim
Construction Standard
Still Give an Advantage
to IPR Petitioners?
54
> Continuing Legal
Education (CLE)
INTRODUCTION
When inter partes review (IPR) proceedings became effective in September 2012,
few people would have predicted the transformative effect it would have on patents and the
litigation landscape. Three years in, IPR has become the preferred procedure for challenging
the validity of a patent.
Perkins Coie is marking the third anniversary of IPR by creating this report, IPR@3, addressing
the critical IPR issues and questions facing in-house counsel. We analyze the key IPR statistics
and topics and provide practical tips for future IPR strategies.
Perkins Coie is one of the most experienced full-service law firms handling post-grant proceedings
in the nation. Since the AIA’s enactment, our attorneys have assisted in more than 100 post-grant
proceedings before the USPTO for in dustry-leading technology companies. The roots of Perkins Coie’s
post-grant practice run deep: extensive patent litigation experience, a deep bench in post-issuance
procedures and appeals before the USPTO, and strong technology knowledge across a wide
range of industries.
In compiling the proprietary research for this report, we discovered several landscape-defining
statistics and trends. We invite you to read about these exciting developments in the world of
inter partes review and to reach out to us with your thoughts, reactions and questions.
BING AI
PARTNER
Co-Chair, Post-Grant
Practice
JONATHAN JON M.
JAMES
PARTNER
Co-Chair, Intellectual
Property Practice
PAUL T. PARKER
PARTNER
Co-Chair, Intellectual
Property Practice
AMY SIMPSON
PARTNER
Co-Chair, Post-Grant
Practice
