Since September 16, 2012, the Board has issued a total of 175 institution decisions under 37 C.F.R. 42.108 ininter partes review proceedings. An empirical analysis of those decisions shows that in 132 of those decisions, the Board granted the petition on at least one ground for each of the challenged claims. In 18 of those decisions, the Board refused to institute trial on any of the claims. Finally, the Board’s decision was “mixed”—with trial on some challenged claims being instituted, and on other challenged claims being denied—in 25 trials. This is shown in the chart below:

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Collectively, the Board has reviewed petitions for inter partes review of 2707 claims through September 13, 2013. Of those 2707 claims, the Board has determined: (1) to institute trial on 2146 of those claims, (2) to deny the petition to institute trial on 556 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. The breakdown is shown below.

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The 175 institution decisions were also reviewed to determine how long it took the Board to issue a decision under 37 C.F.R. 42.108. According to the PTO’s expected timeline for IPR as published in the Federal Register, the Board expected preliminary proceedings (the time between the filing of the petition and the issuance of a decision under section 42.108 to last no more than 6 months. As a general matter, this has held true. The average time from the time a petition is filed to the Board’s decision under 42.108 is just over 5 months (5.02 months). However, the average is skewed slightly by decisions based on motions for joinder, which substantially decrease the time between filing and an institution decision. For example, the fastest time between the filing of a petition and a decision to institute was only 35 days. The largest time between the filing of a petition and a decision to institute trial was 235 days, or nearly 8 months (7.83 months).