In March, the PTAB cancelled 458 (75.21%) instituted claims across 31 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 90 (14.78%) instituted claims survived. Patent owners conceded 61 (10.02%) instituted claims, such as through motions to amend. For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 74%.
On a per-case basis, no instituted or substitute claims survived in 18 (58.06%) decisions, all instituted claims survived in 3 (9.68%) decisions, and a mixed outcome occurred in 10 (32.26%) 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 March 31, 2024, the PTAB has cumulatively granted 623 (15.60%) proposed substitute claims in motions to amend while denying 3,371 (84.40%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through March 31, 2024, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through March 31, 2024, separated by technology center, is as follows:
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