In a recent Law360 article, Thompson Coburn partner Tony Blum offered his perspective on the evolving patent landscape following a significant procedural change at the U.S. Patent and Trademark Office. With USPTO Director John Squires now solely responsible for deciding whether to institute America Invents Act (AIA) patent reviews, Tony highlighted the potential implications for inter partes review (IPR) filings and patent litigation.
Tony said while it remains to be seen what Squires’ decisions will look like, if the change “portends even lower institution rates, we will not be surprised if this leads to decreased filings of IPR petitions and increased patent litigation activity before the district courts.”
Read the full Law360 article here.
In a separate interview with World IP Review, Tony expanded on the consequences of reduced IPR institution rates, emphasizing how this shift could drive more disputes into the courtroom.
“A reduction in institution could lead to increased litigation before district courts,” he said. “Since the bifurcated review process was implemented earlier this year, IPR institution rates have dropped precipitously. In recent decisions, the discretionary denial rate is approximately 60%.”
He added, “Only time will tell what will happen to the institution rate under the newly announced change with the director making the entire institution decision. But if this portends even lower institution rates, we will not be surprised if this leads to decreased filings of IPR petitions and increased patent litigation activity before the district courts.”
Read the full World IP Review article here (registration required).
