PTAB Issues Fourth Installment Of Its Motion To Amend Study, PTAB Litigation Blog

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On Monday, the PTAB issued its fourth installment of its ongoing motion to amend study, providing details on motions to amend filed and decided through March 31, 2018. Patent owners have filed a motion to amend in 305 of the 3,203 completed trials (11%), and in 56 of the 725 pending trials (8%)—a total of 361 motions to amend. The Board decided a motion to amend requesting to substitute claims in 189 of the 305 completed trials (62%). In the remaining 116 completed trials (38%), the motion to amend: (a) requested solely to cancel claims (20 or 7%), (b) was rendered moot because the panel of judges found the original claims patentable or because the panel of judges already decided a motion to amend proposing the same substitute claims (35 or 11%), or (c) was not decided because the case terminated prior to a final written decision (61 or 20%).

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