Since the creation of the Patent Trial and Appeal Board as part of the America Invents Act on Sept. 16, 2012, the PTAB trial proceedings have become an increasingly popular venue for parties seeking to challenge patents. Fiscal year 2015 statistics, recently published by the United States Patent and Trademark Office,[1] indicate continued trends that track closely with the first two fiscal years: sustained growth in PTAB trials, increased settlements and dismissal of proceedings prior to issuance of final written decisions, and continued adverse outcomes for many patent owners. This article summarizes some key takeaways from the USPTO data.

Originally published in Law360, New York - January 3, 2016.