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« Court Report | Main | July 2015 Update on Subject Matter Eligibility »

August 24, 2015


Re: "There is no statistic in the Director's link to a more detailed description of the data regarding the correlation between petitions being denied and the patentee exercising its right to challenge the petition by filing a Preliminary Response..But logic suggests that the Board might be less likely to grant a petition if the patentee gave them reasons not to do so."
Indeed, and I had that same argument with some of the many patent attorneys who I think wrongly counseled clients against filing preliminary responses to reexamination requests.
[Even though I question the 42% IPR petition denial statistic, and wonder how many were technical/procedural objections overcome by timely IPR re-filings?]

BTW, since IPR petition denials cannot be appealed, that dodges the tough issue of whether an IPR petition filed by a short seller of the patent owner companies stock can be sanctioned by the PTAB for just that reason, as to these two petitions. [But not others.]
But is it possible that the SEC or FTC was also waiting to see if these widely-noted petitions were denied as lacking adequate invalidity ground merits?

Paul: there were many pretty drawings and graphs linked to the Director's blog but none of the info you mention. It might be good to dig deeper into these stats if they are to be found somewhere on the PTO website.

I would say that it might be harder to sanction a short seller if the petitions were granted, because then there would be basis for filing sanctioned by the Board. When last I looked the SEC and FTC had no basis for any action against the Coalition or anyone else.

Thanks for the comment.

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