Finnegan’s PTAB stats team is pleased to supplement our standard monthly statistics with a new look at how claims have fared over time for IPR cases reaching final written decision. This information was compiled through the end of the third quarter of 2018 (September 30).
On a per-month basis, the survival rate for instituted claims reaching final written decisions in IPRs has varied significantly. The highest monthly claim survival rate was 53.75% in May 2017, and the lowest survival rate (disregarding the first few months of final decisions due to the low sample size and 0% survival rate) was 3.54% in August 2014. The cumulative average survival rate reached a peak of 29.92% in July 2014 before eventually settling just below 25% (24.79% through September 2018). As shown in the chart above, while the monthly claim survival rate has fluctuated month-to-month, the cumulative average survival rate has remained relatively stable since Q4 2014.
On a quarterly basis, beginning in 2014, claim survival rates still varied considerably over time. The highest quarterly instituted claim survival rate was 35.41% in Q1 2017, followed by 32.74% in Q2 2018. The lowest quarterly instituted claim survival rate was 8.07% in Q1 2014, followed by 12.08% in Q3 2015. The cumulative average claim survival rate began at a low of 8.07% in Q1 2014, and reached a high of 24.79% in Q3 2018.
On an annual basis, variability was more muted. Other than calendar year 2013, in which none of the three total instituted claims survived, the annual instituted claim survival rate peaked in 2017 at 31.47%, and reached a minimum in 2015 with a survival rate of 16.19%. The cumulative average survival rate, after starting at 0% in 2013, reached a second minimum of 17.91% in 2015 and reached a maximum of 24.79% in 2018.
The number of final written decisions issued each month has also varied widely over time. The most decisions were issued in March 2017 (75 decisions), followed by November 2016 and March 2018 (69 decisions each). The PTAB issued no decisions in January 2014, and several relatively low-volume months followed. A notable dip relative to the other months occurred after the March 2017 maximum in April 2017 (15 decisions). The cumulative average number of decisions increased steadily over time until early 2017, and has since stabilized at about 35 decisions per month.
We will return to publishing our standard monthly statistics next month. In the meantime, detailed cumulative statistics on the Board’s IPR and CBM decisions, updated through September 1, 2018, are available here on the AIA Blog.
Statistics regarding the outcome of appeals to the Federal Circuit are available here.
Lists of the top 10 PTAB judges by panel appearances and authored opinions are available here.
Numbers of final written decisions by technology center and instituted claim survival rates by technology center are available here.