This special report explores IPR claim survival rates and the volume of issued final written decisions issued cumulatively through Q2 (June 30) 2019.
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 above 25% (25.60% through June 2019).
On a quarterly basis, beginning in 2014, claim survival rates still varied considerably over time. The maximum quarterly instituted claim survival rate was 35.41% in Q1 2017, followed by 32.74% in Q2 2018. The minimum quarterly instituted claim survival rate (disregarding the 0% survival rate in Q4 2013) was 8.07% in Q1 2014, followed by 12.08% in Q3 2015. The current cumulative average claim survival rate of 25.60% in Q3 2018 is the maximum across all quarters.
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%. This year (through June 30) is on track to be the second highest, with an instituted claim survival rate of 28.92%. As noted above, the current cumulative average claim survival rate of 25.60% is the maximum across all years.
The number of final written decisions issued each month has also varied widely over time. The most decisions 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 just under 37 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 June 1, 2019, are available here on the AIA Blog.
Statistics regarding the outcome of appeals to the Federal Circuit are available here.
Numbers of final written decisions by technology center and instituted claim survival rates by technology center are available here.