Eldora Ellison, Ph.D., is quoted in IN VIVO magazine's article "New Patent Battleground: Inter Partes Reviews Besiege Innovators," that discusses the use of inter partes reviews (IPRs) in the biopharmaceutical industry since the inception of the America Invents Act (AIA).
Dr. Ellison, who has worked on 55 IPR proceedings for patent owners and petitioners, discussed the alarming rate at which statistics indicate patents are killed at the Patent Trial and Appeal Board (PTAB). Though the numbers seem bleak, Dr. Ellison argues the kill rate varies depending on the way they are viewed.
"I see it as sort of a funnel," she said. At a given time a thousand claims may be challenged. Some of these cases will settle and on a few occasions the patent owner or petitioner will give up and request an adverse judgment. Maybe 25% of the total challenged claims are found unpatentable, Dr. Ellison says. But for those that make it to a final written decision where the PTAB judges decide patentability, about 80% may be found unpatentable.