While the rate of filings for a post-grant review (PGR) trial has been slow, the rate of petitions filed to request an inter partes review (IPR) or a PGR specifically for a covered business method (CBM) patent trial have exceeded expectations. The rate of granting PGRs is around 70% for the fiscal year 2015, although it was higher in previous fiscal years. Once instituted, the petitioner has succeeded in cancelling patent claims in more than 70% of cases.
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1 October 2015 It is likely that Therasense is the main reason that supplemental examination filings are so low and may not ramp up any time in the near future. Eugene Perez and Chad Rink of Birch Stewart Kolasch & Birch report.