In a previous post, we discussed the top patent owners in PTAB inter partes and covered business method review proceedings. We now turn our attention to the petitioners, to see which companies have been filing the most petitions for inter partes and covered business method review. In order to get a more recent snapshot of the state of the PTAB, we considered only petitions filed during the USPTO’s Fiscal Year 2014 (i.e., October 1, 2013 to the present). Again, we come across some surprising results. A table of the results is below.
Authored by Michael K. Levy
On June 20, 2014, the Patent Trial and Appeal Board (PTAB) issued the first inter partes review (IPR) decisions reaching pharmaceutically-related subject matter, which in this case constituted dietary supplement and vitamin products. Four separate final written decisions, addressing four respective patents claiming related subject matter, held claims unpatentable directed to pharmaceutical compositions and methods of treatment using such compositions.
In District Court, one must satisfy Article III standing requirements before bringing an action challenging a patent’s validity. This requirement is often satisfied by a preexisting controversy between parties, or one party’s demand for remuneration for alleged patent infringement. In contrast, in an inter partes review proceeding, any “person who is not the owner of a patent may file with the Office a petition to institute an inter partes review of the patent,” except under certain circumstances. See 35 U.S.C. §§ 311(a), 315. The petitioner need not be involved in a preexisting controversy or generally satisfy the Article III standing requirements.