In February, the PTAB cancelled 397 (71.27%) instituted claims across 32 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 151 (27.11%) instituted claims survived. Patent owners conceded 9 (1.62%) claims, 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 74%.
On a per-case basis, no instituted or substitute claims survived in 20 (62.5%) decisions, all instituted claims survived in 4 (12.5%) decisions, and a mixed outcome occurred in 8 (25%) 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 February 29, 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 February 29, 2024, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through February 29, 2024, separated by technology center, is as follows:
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