In the 49 Final Written Decisions issued by the Patent Trial and Appeal Board in December, the Board cancelled 534 (89.15%) of the instituted claims and declined to cancel 65 (10.85%) of the instituted claims. Patent owners did not concede any instituted claims by filing a disclaimer.
On a per-case basis, no instituted or substitute claims survived in 38 (77.55%) of the decisions, all instituted claims survived in 3 (6.12%) of the decisions, and a mixed outcome occurred in 8 (16.33%) 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.
More detailed cumulative statistics on the Board's IPR and CBM decisions, updated through January 1, 2016, are available here on the AIA Blog.
Lists of the top 10 PTAB judges by panel appearances and authored opinions are available here.
Numbers of final written decisions by technology center are available here.
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.
