The Patent Trial and Appeal Board issued 33 IPR and CBM Final Written Decisions in September, including decisions following remands from the Federal Circuit, cancelling 311 (73%) instituted claims while declining to cancel 111 (26.06%) instituted claims. Patent owners conceded 4 (0.94%) 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 21 (63.64%) decisions, all instituted claims survived in 4 (12.12%) decisions, and a mixed outcome occurred in 8 (24.24%) 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 30, 2019, 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.
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.
June 7, 2019
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August 13, 2019
Finnegan is deeply saddened by the death of our colleague Donald R. Dunner, who passed away on October 16, 2019, after a life of dedication and inspiration to many in IP law. Don was in a category all his own with his talent and distinct knowledge of IP law. His direct approach and enthusiasm for work and life touched everyone who worked with him, and we will miss him dearly.