[Editor’s Note: Given the total decline of CBM Final Written Decisions on a monthly basis since the sunset of the CBM program in September 2020, we will no longer list CBMs in our monthly statistics charts. We will continue to include historical CBM data in our cumulative PTAB statistics.]
In January, a relatively busy month at the PTAB, 278 (28%) of instituted claims survived review across 71 IPR and PGR Final Written Decisions, including decisions following remand from the Federal Circuit. The PTAB cancelled 651 (65.56%) instituted claims, and patent owners conceded 64 (6.45%) instituted claims through motions to amend or disclaimer in cases reaching a final decision. For comparison, the cumulative average survival 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 45 (63.38%) decisions, all instituted claims survived in 13 (18.31%) decisions, and a mixed outcome occurred in 13 (18.31%) 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.
Through January 31, 2023, the PTAB has cumulatively granted 595 (17.18%) proposed substitute claims in motions to amend while denying 2,868 (82.82%) proposed substitute claims.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through January 31, 2023, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through January 31, 2023, separated by technology center, is as follows: