IPR Decision due by Mid October or sooner

The PTAB must determine whether to institute a proceeding within three months of the patent owner's preliminary response or the preliminary response due date, whichever is earlier. The patent owner may therefore attempt to expedite the proceedings by waiving its preliminary response (37 C.F.R. §§ 42.107(b) and 42.207(b)). Waiving a preliminary response does not result in an adverse inference against the patent owner (see Trial Practice Guide, 77 Fed. Reg. at 48764).

T-0: DECISION ON INSTITUTION
Institution Timing

A). Petition filed to

. Preliminary Response ... up to 3 months

C). From Preliminary Response to Decision to Dismissal or Acceptance ... up to 3 Months


The PTAB must determine whether to institute a trial within three months of the earlier of:

„1) The patent owner's preliminary response ling. „

2)The preliminary response due date.


(See Trial Practice Guide, 77 Fed. Reg. at 48757.) Institution Thresholds
In its decision on institution, the PTAB identi es on a claim-by-claim basis the challenged claims and unpatentability challenges that will be part of the trial. The PTAB will only institute trial on challenged claims for which the petition has satis ed the threshold standard for instituting trial. The institution threshold differs across proceedings:
„ For IPR, the petition and any preliminary response must show that there is a reasonable likelihood that the petitioner would prevail on at least one of the challenged claims (35 U.S.C. §314(a)).