As of the last day of November 2013, the Board has issued a total of 262 institution decisions under 37 C.F.R. § 42.108 in inter partes review proceedings. Of those decisions, 191 (72.9%) resulted in the Board granting the petition as to all challenged claims on at least one ground presented for review. In 37 (14.1%) of those decisions, the Board denied the petition entirely. Finally, the Board’s decision was “mixed”—with trial on some challenged claims being instituted, and on other challenged claims being denied—in 34 decisions (12.98%).

A summary of the Board’s institution decisions is shown in the pie chart below.

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Collectively, the Board has reviewed petitions for inter partes review of 3237 claims through October 11, 2013 (an increase of 240 claims since September 27, 2013). Of those 3237 claims, the Board has determined: (1) to institute trial on 2602 of those claims, (2) to deny the petition to institute trial on 630 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. A comparison of the statistical analysis of IPR institution decisions between September 27th and October 11th is shown in the table below, followed by a graphical break-down of the decision on each claim for which a PTAB trial has been sought.

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