In a relatively busy month, the Patent Trial and Appeal Board issued 62 IPR and CBM Final Written Decisions in February, including decisions following remands from the Federal Circuit, cancelling 507 (67.24%) instituted claims while declining to cancel 187 (24.80%) instituted claims. Patent owners conceded 60 (7.96%) instituted claims through motions to amend or disclaimer in cases reaching a final decision. For comparison, the cumulative average rate of instituted claims cancelled in IPR and CBM Final Written Decisions is about 74%.
On a per-case basis, no instituted or substitute claims survived in 35 (56.45%) decisions, all instituted claims survived in 14 (22.58%) decisions, and a mixed outcome occurred in 13 (20.97%) 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 February 29, 2020, are available here on the AIA Blog.
Statistics regarding the outcome of appeals to the Federal Circuit are available here.
Numbers of final written decisions by technology center and instituted claim survival rates by technology center are available here.
Originally published 17 April, 2020
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