In April, a relatively difficult month for patent owners, the PTAB cancelled 524 (86.33%) instituted claims across 43 IPR and PGR Final Written Decisions, including decisions following remand from the Federal Circuit. Only 69 (11.37%) instituted claims survived review, and patent owners conceded 14 (2.31%) instituted claims through motions to amend or disclaimer in cases reaching a final decision. For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 72%.
On a per-case basis, no instituted or substitute claims survived in 34 (79.07%) decisions, all instituted claims survived in 3 (6.98%) decisions, and a mixed outcome occurred in 6 (13.95%) 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 April 30, 2023, the PTAB has cumulatively granted 600 (16.57%) proposed substitute claims in motions to amend while denying 3,020 (83.43%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through April 30, 2023, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through April 30, 2023, separated by technology center, is as follows:
Additional cumulative statistics on the Board’s IPR, CBM, and PGR decisions, updated through April 30, 2023, are available here on the At the PTAB blog.
