As of October 11, 2013, the Board has issued a total of 210 institution decisions under 37 C.F.R. § 42.108 in inter partes review proceedings. Of those decisions, 154 instituted trial as to all challenged claims on at least one ground presented for review. In 27 of those decisions, the Board refused to institute IPR of any claims. Finally, the Board’s decision was “mixed”—with trial on some challenged claims being instituted, and on other challenged claims being denied—in 29 trials. A comparison of the data through September 27th and through October 11th is shown in the table below for each individual claim. The percentages may not necessarily add up to 100% due to rounding.
Click here to view table.
The result of the 210 institution decisions in IPR is reflected in the following pie chart.
Click here to view graph.
Collectively, the Board has reviewed petitions for inter partes review of 3237 claims through October 11, 2013 (an increase of 240 claims since September 27, 2013). Of those 3237 claims, the Board has determined: (1) to institute trial on 2602 of those claims, (2) to deny the petition to institute trial on 630 of those claims, and (3) 5 of the challenged claims were disclaimed, resulting in no decision by the Board on the petition as to those claims. A comparison of the statistical analysis of IPR institution decisions between September 27th and October 11th is shown in the table below, followed by a graphical break-down of the decision on each claim for which a PTAB trial has been sought.
Click here to view graph.
