Last year, we wrote about how the facts simply doesn’t support former Judge Randall Rader’s famous claim that the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board is a patent “death squad, killing property rights.” Now, a year later, another report debunks that perception even further.
In a report released on Thursday, the legal analytics company Lex Machina summarized key trends at the PTAB and provided information about petitioners, judges, law firms, the average duration of cases and data on trial outcomes. Lex Machina reports that 20 percent of terminated PTAB petitions were denied institution, and another 19 percent were settled before the institution decision was reached. “These two pre-institution resolutions are the most common of all resolutions,” the report said.
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