In May, the PTAB cancelled 878 (77.29%) instituted claims across 61 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 224 (19.72%) instituted claims survived, and patent owners conceded 34 (2.99%) instituted claims through motions to amend or disclaimer. For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 72%.
On a per-case basis, no instituted or substitute claims survived in 39 (63.93%) decisions, all instituted claims survived in 13 (21.31%) decisions, and a mixed outcome occurred in 9 (14.75%) 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.
Through May 31, 2023, the PTAB has cumulatively granted 600 (15.76%) proposed substitute claims in motions to amend while denying 3,206 (84.24%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through May 31, 2023, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through May 31, 2023, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through May 31, 2023, are available here on the At the PTAB blog.
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