As of March 7, 2014, the Board has issued a total of 479 institution decisions under 37 C.F.R. § 42.108 in IPR proceedings. Of those decisions, 323 (67.4%) resulted in the Board granting the petition as to all challenged claims on at least one ground presented for review. In 73 (15.2%) 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 83 decisions (17.3%). A summary of the Board’s institution decisions is shown in the pie chart below.

The statistics I reported back in December looked slightly different. While the number of petitions denied in their entirety has stayed relatively constant, the number of institution decisions resulting in “mixed” results has increased by roughly 3%, and the number of petitions granted in their entirety has decreased by a similar amount.

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To determine whether the Board is denying the petition to institute on more claims overall, I looked at the institution decision for each claim challenged in IPR proceedings. As of March 7, 2014, the Board has reviewed petitions to institute trial on 7,633 claims. Of those claims, the Board has instituted trial on 5,718 of them, and denied the petition to institute on 1,909 claims. The following pie chart shows the success rate of having a petition instituted on a claim-by-claim basis.

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This too has changed since the last time I reported these statistics. In December, I reported that the PTAB was instituting trial on 77.73% of all claims and had denied the petition to institute as to 22.16% of challenged claims. This comparison shows that the increase in the number of “mixed” decisions does reflect an increase in the number of challenges being rejected by the PTAB.