The Patent Trial and Appeal Board issued 65 IPR and CBM Final Written Decisions in July, including decisions following remands from the Federal Circuit, cancelling 474 (53.44%) instituted claims while maintaining the patentability of 378 (42.62%) instituted claims. Patent owners conceded 35 (3.95%) instituted claims through motions to amend or disclaimer in cases reaching a final decision. For comparison, the cumulative average rate of instituted claims cancelled in IPR and CBM Final Written Decisions is about 73%.
On a per-case basis, no instituted or substitute claims survived in 37 (56.92%) decisions, all instituted claims survived in 17 (26.15%) decisions, and a mixed outcome occurred in 11 (16.92%) decisions. A mixed outcome occurs where at least one instituted or substitute claim remains patentable, and at least one is cancelled, in a Final Written Decision.
In August, the PTAB issued 48 IPR and CBM Final Written Decisions, including decisions following remands from the Federal Circuit. The Board cancelled 564 (70.24%) instituted claims while maintaining the patentability of 239 (29.76%) instituted claims. Patent owners did not concede any instituted claims through motions to amend or disclaimer in cases reaching a final decision.
On a per-case basis, no instituted or substitute claims survived in 23 (47.92%) decisions, all instituted claims survived in 8 (16.67%) decisions, and a mixed outcome occurred in 17 (35.42%) decisions.
In September, the PTAB issued 38 IPR and CBM Final Written Decisions, including decisions following remands from the Federal Circuit. The Board cancelled 446 (71.13%) instituted claims while maintaining the patentability of 178 (28.39%) instituted claims. Patent owners conceded 3 (0.48%) instituted claims through motions to amend or disclaimer in cases reaching a final decision.
On a per-case basis, no instituted or substitute claims survived in 14 (36.84%) decisions, all instituted claims survived in 7 (18.42%) decisions, and a mixed outcome occurred in 17 (44.74%) decisions.
The overall cumulative instituted claim survival rate, broken down by technology center, is as follows:
More detailed cumulative statistics on the Board's IPR and CBM decisions, updated through September 30, 2020, are available here on the AIA Blog.
Statistics regarding the outcome of appeals to the Federal Circuit are available here.
Numbers of final written decisions by technology center and instituted claim survival rates by technology center are available here.
Various other PTAB metrics collected and generated by Finnegan are reserved for the use of Finnegan and its clients. Stay tuned to the AIA Blog for the latest updates, analysis, and statistics on all aspects of PTAB and Federal Circuit practice. Subscribe to the AIA Blog at the bottom of the page to receive notifications of new posts via email.
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