In February, 145 (22.10%) instituted claims survived review across 42 IPR and PGR Final Written Decisions, including decisions following remand from the Federal Circuit. The PTAB cancelled 511 (77.90%) instituted claims, and patent owners did not concede any instituted claims through motions to amend or disclaimer in cases reaching a final decision. For comparison, the cumulative average survival rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 73%.
On a per-case basis, no instituted or substitute claims survived in 28 (66.67%) decisions, all instituted claims survived in 7 (16.67%) decisions, and a mixed outcome occurred in 7 (16.67%) 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.
In March, a relatively difficult month for patent owners, 94 (12.14%) instituted claims survived review across 51 IPR and PGR Final Written Decisions. The PTAB cancelled 660 (85.27%) instituted claims, and patent owners conceded 20 (2.58%) instituted claims.
On a per-case basis, no instituted or substitute claims survived in 39 (76.47%) decisions, all instituted claims survived in 7 (13.73%) decisions, and a mixed outcome occurred in 5 (9.80%) decisions.
Through March 31, 2023, the PTAB has cumulatively granted 595 (16.62%) proposed substitute claims in motions to amend while denying 2,986 (83.38%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through March 31, 2023, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through March 31, 2023, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through March 31, 2023, are available here on the At the PTAB blog.
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