Pendency Measures, New Filings, and Inventory

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Pendency Measures, New Filings, and Inventory

Pendency Measures

Pendency of Contested Motions
(weeks)

(Measured from ready-for-decision date until mailing; average of all orders on contested motions issued during the quarter. Excludes orders issued as precedent, in cases considered for such issuance, or with anomalous prosecution histories.)

Pendency of Final Decisions
for Appeal Cases

(Measured from ready-for-decision date until mailing; average and median for all final decisions in appeals issued during the quarter. Excludes decisions issued as precedent, in cases considered for such issuance, and those with anomalous prosecution histories.)

Pendency for Final Decisions
for Trial Cases

(Measured from ready-for-decision date until mailing; average and median for all final decisions in trial cases issued during the quarter. Excludes decisions issued as precedent, in cases considered for such issuance, and those with anomalous prosecution histories. Does not include decisions granting summary judgment in trial cases.)

New Filings, Commenced by Quarter

This graph shows the volume of new appeals from examiner refusals of registration, new oppositions to published applications, and new petitions to cancel existing registrations, received by the Board over the course of each quarter.

Average Pendency from Ready for Decision until Issuance (Final Decisions)

Measured from ready-for-decision date until mailing; average for all final decisions in appeals/trials issued during the quarter. Excludes decisions issued as precedent, in cases considered for such issuance, and those with anomalous prosecution histories.

Proceedings Pending at End of Each Quarter

This graph shows the volume of all appeals from examiner refusals of registration, all oppositions to published applications, and all petitions to cancel existing registrations, whenever received, still pending at the end of each quarter.

Apparent declines in ending balances for Oppositions and Cancellations in 2019 resulted from erroneous data source. Balances shown for end of Q1 2020 are accurate but do not represent significant increases in just one quarter. They are the result of using a more reliable data source.

Appeals

Pending Appeals Maturing to Ready-for-Decision (RFD) by Judges, by Quarter

This graph shows the number of pending appeal cases in which briefing was completed, or in which briefing and arguments were completed, thus becoming ready for decision on the merits, at any point during each quarter.

Pending Appeals in Inventory Waiting for Decision at End of Each Quarter

This graph shows the number of pending appeal cases that have been fully briefed, or briefed and then argued, and are waiting to be decided on the merits, as of the end of each quarter.

Age of Pending Appeals, Measured from RFD - End of

Age of Pending Appeals, Measured from RFD - End of

These two graphs show the changing makeup of the age of appeal cases waiting to be decided on the merits, as of the end of the respective quarters.

Trial Cases

Pending Opposition and Cancellation Cases Maturing to Ready for Decision (RFD) by Judges, by Quarter

This graph shows the number of pending trial cases in which briefing was completed, or in which briefing and arguments were completed, thus becoming ready for decision on the merits, at any point during each quarter.

Pending Opposition and Cancellation Cases in Inventory Waiting for Decision at End of Each Quarter

This graph shows the number of pending trial cases that have been fully briefed, or briefed and then argued, and are waiting to be decided on the merits, as of the end of each quarter.

Age of Pending Trial Cases, Measured from RFD - End of

Age of Pending Trial Cases, Measured from RFD - End of

These two graphs show the changing makeup of the age of trial cases waiting to be decided on the merits, as of the end of the respective quarters.

Trial Case Contested Motions Becoming Ready for Decision (RFD) by Attorneys, by Quarter and Type

This graph shows the number of pending contested motions of various types, filed in trial cases, in which briefing was completed, or in which briefing and a phone conference with a Board attorney were completed, thus becoming ready for decision on the merits, at any point during each quarter.

Trial Case Contested Motions in Inventory Waiting for Decision by Attorneys, at End of Each Quarter, by Type

This graph shows the number of pending contested motions of various types, filed in trial cases, which are fully briefed, or which are briefed and have been discussed in a phone conference with a Board attorney, and are waiting to be decided, as of the end of each quarter.

Age of Pending Motions for Trial Cases for

The charts that follow, for various types of motions pending in trial cases at the end of the last quarter, show the approximate percentages of each type of motion that fall within three age ranges, specifically, the percentage of each type of motion pending less than 8 weeks, the percentage of each type pending 8-9 weeks and the percentage of each type pending more than 9 weeks. Previous charts separated the age ranges into less than 8 weeks, 8-10 weeks and more than 10 weeks. All covered motions are either fully briefed, or have been briefed and may also have been discussed in a phone conference with a Board attorney.

56(D)

Compel

Default

Dismiss

Extension

Sanctions

Strike

Summary Judgment

2.132

All Others