August 20, 2015
Authored and Edited by Daniel F. Klodowski; Daniel C. Cooley; Aaron L. Parker
In the 33 Final Written Decisions issued by the Patent Trial and Appeal Board in July, the Board cancelled 302 (70.73%) of the instituted claims and declined to cancel 125 (29.27%) of the instituted claims. Patent owners did not concede any instituted claims through motions to amend.
On a per-case basis, no instituted or substitute claims survived in 19 (57.58%) of the decisions, all instituted claims survived in 6 (18.18%) of the decisions, and a mixed outcome occurred in 8 (24.24%) 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 Final Written Decision.
More detailed cumulative statistics on the Board’s IPR and CBM decisions, updated through August 1, 2015, are available here on the AIA Blog.
Numbers of final written decisions 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.
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