The Patent Trial and Appeal Board issued 37 IPR and CBM Final Written Decisions in October, including decisions following remands from the Federal Circuit, cancelling 297 (61.49%) instituted claims while maintaining the patentability of 159 (32.92%) instituted claims. Patent owners conceded 27 (5.59%) 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 19 (51.35%) decisions, all instituted claims survived in 6 (16.22%) decisions, and a mixed outcome occurred in 12 (32.43%) 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 November, the PTAB again issued 37 IPR and CBM Final Written Decisions, cancelling 205 (55.71%) instituted claims while maintaining the patentability of 132 (35.87%) instituted claims. Patent owners conceded 31 (8.42%) 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 19 (51.35%) decisions, all instituted claims survived in 11 (29.73%) decisions, and a mixed outcome occurred in 7 (18.92%) 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 November 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.
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