Interesting TTAB Statistics in Report to February TPAC Meeting

Some interesting TTAB statistics were provided at the February 2010 TPAC meeting. (document here). New appeals and oppositions are down, final decisions are down, in first quarter of FY 2010 (Oct. - Dec. 2009): presumably the effect of a struggling economy. TBMP revision under way.

· TTAB Receipts – First Quarter of FY10 compared to FY09

o New Appeals: 832, down 11% from 934 received first quarter FY09
o New Oppositions: 1104, down 25% from 1470 received first quarter FY09
o New Cancellations: 357, almost the same as 355 received first quarter FY09
o Cases maturing for final decision on merits: 131, down 42 % from the 225 maturing in the first quarter of FY09

· Pendency – First Quarter of FY10 compared to FY09

o Final Decisions on Merits: 9.1 weeks (6.3 weeks for first quarter FY09)
o Decisions on Contested Motions: 6.8 weeks (8.25 weeks for first quarter FY09)
o Total number of final decisions on the merits: 82, down 44% from the 147 issued in first quarter FY09 (approximately half of the Board’s ATJs were working on the TBMP revision in the first quarter of FY10)
o Total number of decisions on contested motions: 220, Down 29% from the 312 issued in first quarter FY09 (smaller number of Interlocutory Attorneys than ATJs working on TBMP revision in first quarter of FY10)
o Encouraging decision of motions by telephone: 21%, off slightly from the 24% for all of FY09
o Total pendency of those cases that go all the way to decision by a panel of judges:

• Appeals: 46 weeks on average for first quarter FY10 (up slightly from 44 week figure for all of FY09); median figure of 34 weeks in first quarter the same as for all of FY09
• Trial cases: 165 weeks on average (down significantly from 192 week figure for all of FY09); median down from 150 weeks for all of FY09 to 145 weeks in first quarter FY10
• Approximately 97% of trial cases settle before decision by a panel of judges

· Precedential Decisions: 13; about average for quarter (49 total for all of FY09)

· Accelerated Case Resolution (ACR)

o Description: ACR is a method to expedite decision on the merits; agreement of the parties required
o One case resolved by ACR in first quarter
o Advertising availability of ACR: Q & A format article published in ABA-IP Section publication and posted on TTAB website, focusing on “true ACR” cases and cases involving similar efficiencies, such as stipulations of fact, stipulated introduction of evidence, or stipulated restrictions on discovery or trial; list of case names/numbers illustrating more efficient approaches also published and posted
o Presentation on ACR and other possible efficiencies made to Bar Association for District of Columbia and planned for other forums, including Boston Patent Law Association program and INTA annual meeting

· TTAB Manual of Procedure (TBMP): Revision under way with the participation of:
o 9 administrative trademark judges
o 3 interlocutory attorneys
o 4 paralegals/administrative staff

TTABlog postscript: A reader called me to voice disagreement with this statement in the TTAB report: "Approximately 97% of trial cases settle before decision by a panel of judges." The reader says that it is true that about 3% of cases go to trial, but the other 97% are not all settled. They are disposed of by motion, procedural ruling, withdrawal, etc., and no one really knows how many are actually "settled." Perhaps "resolved" would be a better term to use.
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