`
`District Court Trial Dates Tend to Slip After PTAB Discretionary Denials | Patents Post-Grant
`
`By Scott McKeown on July 24, 2020
`
`The practice of denying AIA trial petitions in view of competing district court trial dates has brought some negative attention to the
`Patent Trial & Appeal Board (PTAB) over the past few months. At the same time, patent litigation has increased over the first
`two quarters of the year by 20%. This surge has been greatly aided by the exploding popularity of the Western District of Texas
`(WDTX) with non-practicing entities — a district that the PTAB is increasingly deferring to in its discretionary denials based upon
`competing trial dates.
`
`https://www.patentspostgrant.com/district-court-trial-dates-tend-to-slip-after-ptab-discretionary-denials/
`
`1/2
`
`APPLE 1018
`
`MICROCHIP TECH. INC. - EXHIBIT 1040
`MICROCHIP TECH. INC. V. HD SILICON SOLS. - IPR2021-01265 - Page 001
`
`Patents Post-Grant
`Patents Post-Grant
`Inside Views & News Pertaining to the Nation's Busiest Patent Court
`Inside Views & News Pertaining to the Nation's Busiest Patent Court
`District Court Trial Dates Tend to Slip After PTAB Discretionary
`Denials
`Delaware Cases Slipping 4-6 Months
`
`
`District Court Trial Dates Tend to Slip After PTAB Discretionary Denials | Patents Post-Grant
`11/25/2020
`While Patent Owners are quick to point to a looming district court trial date as being set in stone, in reality, these dates are o en reset once the PTAB
`hurdle is cleared.
`
`While still a small data set, cases that are denied by the PTAB based upon a looming trial date have seen significant delays in some districts.
`
`For example, in the patent suit heavy District of Delaware, 100% of the cases denied by the PTAB for an earlier trial date have been rescheduled —
`anywhere from 4-6 months. This is a significant delay that may militate in favor of institution given the relative speed of an 8-month PTAB trial
`schedule:
`
`In the WDTX, 70% of trial dates initially relied upon by the PTAB to deny petitions have slid. While WDTX shows a lower average delay, this is likely a
`due to that court’s preference to push out dates on a recurring basis rather than more significant schedule remodels.
`
`Taking all districts into account the average trial delay is 3 months, with a maximum of 7 months. That said, with COVID-19 delaying trials scheduled
`for the last 4-5 months, delays will certainly increase further as the courts work through their growing backlog.
`
`In the meantime, as one PTAB panel explained it, the PTAB has been firing on all cylinders.
`
`Copyright © 2020, Ropes & Gray LLP. All Rights Reserved.
`
`https://www.patentspostgrant.com/district-court-trial-dates-tend-to-slip-after-ptab-discretionary-denials/
`
`2/2
`
`MICROCHIP TECH. INC. - EXHIBIT 1040
`MICROCHIP TECH. INC. V. HD SILICON SOLS. - IPR2021-01265 - Page 002
`
`Patents Post-Grant
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
