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AIA Blog

IPR and CBM Statistics for Final Written Decisions Issued in August 2018

October 10, 2018

By Daniel F. Klodowski; David C. Seastrunk; Michael R. Galgano

Edited by Aaron L. Parker; Elliot C. Cook

The Patent Trial and Appeal Board issued 39 IPR and CBM Final Written Decisions in August, including decisions following remands from the Federal Circuit, cancelling 424 (75.58%) instituted claims while declining to cancel 131 (23.35%) instituted claims.  Patent owners conceded 6 (1.07%) 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 75%.

On a per-case basis, no instituted or substitute claims survived in 24 (61.54%) decisions, all instituted claims survived in 7 (17.95%) decisions, and a mixed outcome occurred in 8 (20.51%) 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 September 1, 2018, 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.  Stay tuned to the AIA Blog for the latest updates, analysis, and statistics on all aspects of PTAB and Federal Circuit practice. Subscribe to the AIA Blog to receive notifications of new posts via email.

Tags

America Invents Act (AIA), Inter Partes Review (IPR), Covered Business Method Review (CBM), AIA statistics

Contacts

Daniel_Klodowski
Daniel F. Klodowski
Associate
Washington, D.C.
+1 202 408 4216
Email
David_Seastrunk
David C. Seastrunk
Associate
Washington, D.C.
+1 202 408 4225
Email
Michael_Galgano
Michael R. Galgano
Associate
Washington, D.C.
+1 202 408 4153
Email
Aaron_Parker
Aaron L. Parker
Partner
Washington, D.C.
+1 202 408 4387
Email
Elliot_Cook
Elliot C. Cook
Partner
Reston, VA
+1 571 203 2738
Email

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