In a difficult month for patent owners, the Patent Trial and Appeal Board issued 33 IPR and CBM Final Written Decisions in January, including decisions following remands from the Federal Circuit, cancelling 357 (87.71%) instituted claims while declining to cancel 45 (11.06%) instituted claims. Patent owners conceded 5 claims (1.23%) through motions to amend or disclaimer in cases reaching a final decision. For comparison, the cumulative average rate of instituted claims cancelled in IPR and CBM Final Written Decisions is about 75%.
On a per-case basis, no instituted or substitute claims survived in 26 (78.79%) decisions, all instituted claims survived in 3 (9.09%) decisions, and a mixed outcome occurred in 4 (12.12%) 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.
The overall cumulative instituted claim survival rate, broken down by technology center, is as follows:
More detailed cumulative statistics on the Board’s IPR and CBM decisions, updated through February 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.
Various other PTAB metrics collected and generated by Finnegan are reserved for the use of Finnegan and its clients. Stay tuned to the AIA Blog for the latest updates, analysis, and statistics on all aspects of PTAB and Federal Circuit practice.