PTAB’s Skyrocketing Petition Rate Starts To Stabilize

February 11, 2016
IP Law360

Scott McKeown was featured in Law360's article regarding the stabilization of the PTAB's petition rate.

While the number of inter partes reviews and post-grant reviews in 2015 was up from the previous year, the number of covered business method reviews dropped, from 173 petitions in 2014 to 131 in 2015, according to Law360 data.

McKeown said that the decline likely has to do with fewer assertions of business method review patents as defendants become more aggressive in challenging them in litigation by raising early motions citing the U.S. Supreme Court’s decision in Alice v. CLS Bank. That decision held that abstract ideas implemented with a computer cannot be patented under Section 101 of the Patent Act.

“Monetizing these patents is more difficult, and there have been fewer lawsuits in the business method space,” he said. “The number of covered business method petitions is not on the same scale as it was before Alice and before it became clear that a covered business method review was so effective.”