In July, the PTAB cancelled 366 (76.89%) instituted claims across 31 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 89 (18.70%) instituted claims survived, and patent owners conceded 21 (4.41%) instituted claims through motions to amend or disclaimer. For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 73%.
On a per-case basis, no instituted or substitute claims survived in 18 (58.06%) decisions, all instituted claims survived in 3 (9.68%) decisions, and a mixed outcome occurred in 10 (32.26%) 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 cancelled 473 (81.55%) instituted claims across 35 IPR and PGR Final Written Decisions. In those decisions, 107 (18.45%) instituted claims survived, and patent owners did not concede any instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 26 (74.29%) decisions, all instituted claims survived in 5 (14.29%) decisions, and a mixed outcome occurred in 4 (11.43%) decisions.
Through August 31, 2023, the PTAB has cumulatively granted 619 (16.01%) proposed substitute claims in motions to amend while denying 3,248 (83.99%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through August 31, 2023, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through August 31, 2023, separated by technology center, is as follows:
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