Tonight, I recommend reading the PTAB statistics regarding AIA trials. In short, the number of petitions filed for post-grant validity challenges has increased from about 25 petitions in September 2012 to nearly 200 petitions in October 2014. As long as people are getting favorable results, the relative low cost of inter partes review (IPR) will motivate the continuing increase, while post-grant review filings remain miniscule. Post-grant review filings should increase as more patents become eligible for challenge, but post-grant review may never reach the filing of IPR, because it is viewed as a costly solution compared to IPR. Most of the IPRs are being filed against software, electrical, and/or mechanical patents, and no petitions were filed to challenge the validity of design patents.
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