RE: Transcript19 Mar 2022 13:19
When doing a bit of research, I found a website (Unifiedpatents) where they have developed a tool to measure patent validity called APIX. It rates the chances the PTAB may institute on a patent based on its similarity to previous institution decisions. A rating of AA is most likely to survive PTAB challenge, D is lowest. I have no idea how good this rating is, so take it with a pinch of salt!
Of our patents involved in this case:
9,680,068 is a B
7,588,828 is a B
7,803,423 is an A (preparation of nanoparticle materials)
7,867,557 is a B
8,524,365 is a B
So according to this measurement, 7,803,423 is our safest bet! Although according to the unifiedpatents website, even with an A (which puts it in the top 16% of all patents for validity), due to the institution rate, it has only a 50/50 chance...