Monday, March 14, 2016

Cuozzo at the Supreme Court; what are the correct numbers for IPRs?

Oral arguments for Cuozzo at the Supreme Court are set for April 25, 2016.

Within a legalnewsline post, one has the text


Applegate, in a recent blog post, points to Cuozzo’s opening petition to the Supreme Court, which notes that IPRs filed since the AIA’s effective date have yielded an “unexpectedly high” rate of patent claim cancellation.

Of the more than 3,400 IPR petitions filed since the AIA’s inception, as of Oct. 6, 2015, nearly 85 percent have resulted in cancellation of some or all the claims under review.



link: http://legalnewsline.com/stories/510701038-u-s-sc-to-hear-arguments-in-case-over-evaluating-patent-challenges

The number 85% seems incorrect if based upon "petitions filed," rather than, for example, IPRs instituted. See slide 9 of

http://www.uspto.gov/sites/default/files/documents/2016-2-29%20PTAB.pdf

See also

http://ipbiz.blogspot.com/2015/09/how-many-ipr-petitions-have-been-granted.html

http://www.fed-soc.org/publications/detail/whats-at-stake-in-cuozzo-v-lee-the-view-of-the-petitioner

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