In the 35 Final Written Decisions issued by the Patent Trial and Appeal Board in July, the Board cancelled 412 (72.41%) of the instituted claims and declined to cancel 157 (27.59%) of the instituted claims. Patent owners did not concede any instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 25 (71.43%) of the decisions, all instituted claims survived in 6 (17.14%) of the decisions, and a mixed outcome occurred in 4 (11.43%) of the 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.
The overall cumulative instituted claim survival rate, broken down by technology center, is as follows:
The following resources are also available on the AIA Blog:
- More detailed cumulative statistics on the Board's IPR and CBM decisions, updated through April 1, 2016
- Lists of the top 10 PTAB judges by panel appearances and authored opinions
- Numbers of final written decisions by technology center
Various other PTAB metrics collected and generated by Finnegan are reserved for the use of Finnegan and its clients.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
