In the 69 Final Written Decisions issued by the Patent Trial and Appeal Board in September, the Board cancelled 746 (69.07%) of the instituted claims and declined to cancel 333 (30.83%) of the instituted claims. Patent owners only conceded 1 (0.09%) of the instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 41 (59.42%) of the decisions, all instituted claims survived in 16 (23.19%) of the decisions, and a mixed outcome occurred in 12 (17.39%) 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:
More detailed cumulative statistics on the Board's IPR and CBM decisions, updated through October 1, 2016, are available here on the AIA Blog.
Statistics regarding the outcome of appeals to the Federal Circuit are available here.
Lists of the top 10 PTAB judges by panel appearances and authored opinions are available here.
Numbers of final written decisions by technology center and instituted claim survival rates 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.
