In January, a relatively difficult month for patent owners, the PTAB cancelled 618 (82.95%) instituted claims across 44 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 127 (17.05%) instituted claims survived. No instituted claims were conceded by patent owners, such as through motions to amend the instituted claims. 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 35 (79.55%) decisions, all instituted claims survived in 5 (11.36%) decisions, and a mixed outcome occurred in 4 (9.09%) 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 January 31, 2024, the PTAB has cumulatively granted 623 (15.67%) proposed substitute claims in motions to amend while denying 3,354 (84.33%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through January 31, 2024, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through January 31, 2024, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through January 31, 2024, are available here on the At the PTAB blog.
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