In September, the PTAB cancelled 460 (76.54%) instituted claims across 33 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 101 (16.81%) instituted claims survived, and patent owners conceded 40 (6.66%) 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 73%.
On a per-case basis, no instituted or substitute claims survived in 22 (66.67%) decisions, all instituted claims survived in 5 (15.15%) decisions, and a mixed outcome occurred in 6 (18.18%) 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 September 30, 2023, the PTAB has cumulatively granted 623 (15.92%) proposed substitute claims in motions to amend while denying 3,291 (84.08%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through September 30, 2023, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through September 30, 2023, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through September 30, 2023, are available here on the At the PTAB blog.
Various other PTAB metrics collected and generated by Finnegan are reserved for the use of Finnegan and its clients. Stay tuned to the At the PTAB Blog for the latest updates, analysis, and statistics on all aspects of PTAB practice. Subscribe to receive notifications of new posts via email.
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