L&P Achieves Nearly 80% Win Rate at PTAB Over Nine Years

Laurence & Phillips IP Law (L&P) has achieved a win rate of 78.4% to date in inter partes reviews (IPRs) and post-grant reviews (PGRs) at the Patent Trial and Appeal Board (PTAB).  This is according to Docket Navigator, which tracks IPRs and PGRs:

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The total number of IPRs and PGRs handled by the lawyers at L&P, including our work at its predecessor firm, exceeds 130 cases – an impressive number for a five-lawyer firm.  Even more impressive is the fact that over 80% of L&P’s cases have been for patent owners, as the PTAB is widely regarded as a “death squad” for patents because of its very high invalidation rate.   

Kevin Laurence stated, “Today, the ninth anniversary of our founding in 2017, we are proud to have reached a win rate of nearly 80%.”  He added, “Until recently, the PTAB was widely recognized, as an incredibly challenging forum for patent owners, and because we predominately represent patent owners, our overall win rate is especially exceptional.  We often obtain a ‘governor’s reprieve’ for patent claims preliminarily sentenced for cancellation.” 

Matt Phillips commented that “each IPR or PGR often represents a battle in a larger war” and “our win rate is even higher if you look at the cases war-by-war rather than battle-by-battle as Docket Navigator does.”  He added, “These are typically highly significant matters with very large stakes and skilled experienced lawyers on the other side.”

Derek Meeker reacted to the win rate, saying, “Perhaps this is why L&P has been one of the very few small firms repeatedly recognized as a national tier-1 firm for patent law.”  He is referring to rankings by U.S. News and World Reports in conjunction with Best Lawyers. 

Joe Hawkins added, “The fact that all of our lawyers are experienced partners helps us win our cases and do so efficiently.  We also benefit from working smoothly together as a team—we were colleagues at other firms for many years prior to our time together at L&P.” 

Dan Higgs noted, “It also helps that the attorneys at L&P have been thought leaders regarding post-grant proceedings even before the American Inventors Act passed in 2011.  Our high win rate is achieved in part by a deep understanding of how PTAB cases are conducted and by constantly analyzing the PTAB’s ever-changing landscape and leveraging those insights in each case.”