IPR Filings on Sustained Upward Trajectory

A recent report from patent data powerhouse RPX Corp. shows that inter partes review (IPR) filings have increased significantly over the last three quarters, pointing to increased litigation over the last year. One possible driving factor? Non-practicing entity litigation, which increased by 24% in Q1 2024 alone, according to RPX. As noted in Foley’s recent PTAB Year in Review, 2024 promises to be a year filled with exciting developments at the PTAB, and the substantial increase in IPR filings will be a further catalyst for change. 

The Patent Trial and Appeal Board (PTAB) saw 328 petitions for America Invents Act (AIA) review in the first quarter of 2024, including 322 petitions for inter partes review (IPR) and six petitions for post-grant review (PGR). Filings were down by 5% compared to Q1 2023, which saw 345 petitions filed; but were up by 18% compared to Q4, during which 278 petitions were filed.

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