JUST THE STATS:
PERCENTAGE OF IPRs WITH A CONCURRENT LITIGATION

Key Finding: The majority of IPR proceedings involved patents embroiled in concurrent district court litigations. This supports the notion that defendants in patent infringement suits are driving the filing of IPR petitions. An article by Fitzpatrick attorney Ha Kung Wong in July 2014 notes that district courts may be inclined to stay litigations while the PTAB makes its decision on the validity of the patents at issue. Such stays could effectively transfer validity determinations from the federal courts to the PTAB.