As of December 15, 2013, the Board has issued a total of 281 institution decisions under 37 C.F.R. § 42.108 in inter partes review proceedings. Of those decisions, 200 (71.2%) resulted in the Board granting the petition as to all challenged claims on at least one ground presented for review. In 43 (15.3%) of those decisions, the Board denied the petition entirely. Finally, the Board’s decision was “mixed” – with trial on some challenged claims being instituted, and on other challenged claims being denied – in 38 decisions (13.5%). A summary of the Board’s institution decisions is shown in the pie chart below.

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The decisions in which the Board has denied the petition for IPR can be grouped into four categories: (1)  those denied under 35 U.S.C. § 315(a)(1) because the petitioner had filed an earlier civil action challenging the validity of the patent; (2) those denied under 35 U.S.C. § 315(b) because the petition was not filed within one year of the petitioner being served with a complaint; (3) those denied on the merits; and (4) those denied based on the Board’s exercise of discretion to deny a petition under, inter alia, 35 U.S.C. § 325(d). The Board’s decisions denying IPR are summarized in the pie chart below.

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The Board has reviewed petitions for inter partes review of 4,508 claims through December 15, 2013. Of  those 4,505 claims, the Board has determined: (1) to institute trial on 3,504 (77.7 %) of those claims; (2) to deny the peti-tion to institute trial on 999 (22.2%) of those claims; and (3) five (0.11%) of the challenged claims were disclaimed, resulting in no decision by the Board on the petition as to those claims. Note that this latter  number does not take into account the several instances in which a patent owner has requested adverse judgment by disclaiming all claims since the decision in those cases was not based on 37 C.F.R. § 42.108, but rather under § 42.73. A summary of the Board’s decision on a claim-by-claim basis is reflected in the pie chart below.

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