The Northern District has the highest grant rate for stays pending Inter Partes Review (“IPR”), Covered Business Method Review (“CBM”) and Post-Grant Review (“PGR”) of any of the biggest patent districts nationwide – 72.7%. According to Docket Navigator’s excellent data, through 2016 the Northern District fully granted 59.1% of stay motions and partially granted another 13.8%. The Northern District fully or partially granted 32 of 44 stay motions.
The Northern District of California comes in second, fully or partially granting 72.2% of stays, fully granting slightly less than the Northern District – 56.7%.
The lowest grant rates are Eastern District of Texas – 36.9% – and the District of Delaware – 49%. No surprise, the lowest grant rates are also the two busiest patent districts, suggesting that plaintiffs do their research.