IPR and CBM Statistics for Final Written Decisions Issued in June 2015
July 14, 2015
Authored and Edited by Daniel F. Klodowski; Elliot C. Cook; Aaron L. Parker
In the 36 Final Written Decisions issued by the Patent Trial and Appeal Board in June, the Board cancelled 446 (86.27%) of the instituted claims, and it held that 47 (9.09%) of the instituted claims were not proven unpatentable by a preponderance of the evidence. Patent owners conceded 24 (4.64%) of the instituted claims through motions to amend.
On a per-case basis, no instituted or substitute claims survived in 26 (72.22%) of the decisions, all instituted claims survived in 5 (13.89%) of the decisions, and a mixed outcome occurred in 5 (13.89%) 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 Board decision.
More detailed cumulative statistics on the Board’s IPR and CBM decisions, updated through July 1, 2015, are available here on the AIA Blog.
Contacts
- Elliot C. Cook
- Partner
- Reston, VA
- +1 571 203 2738
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