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At the PTAB Blog

IPR and PGR Statistics for Final Written Decisions Issued in February and March 2023

April 27, 2023

Authored and Edited by Daniel F. Klodowski; Umber Aggarwal; Matthew R. Ritter; Elliot C. Cook; Aaron L. Parker

In February, 145 (22.10%) instituted claims survived review across 42 IPR and PGR Final Written Decisions, including decisions following remand from the Federal Circuit.  The PTAB cancelled 511 (77.90%) instituted claims, and patent owners did not concede any instituted claims through motions to amend or disclaimer in cases reaching a final decision.  For comparison, the cumulative average survival rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 73%.

On a per-case basis, no instituted or substitute claims survived in 28 (66.67%) decisions, all instituted claims survived in 7 (16.67%) decisions, and a mixed outcome occurred in 7 (16.67%) 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. 

In March, a relatively difficult month for patent owners, 94 (12.14%) instituted claims survived review across 51 IPR and PGR Final Written Decisions.  The PTAB cancelled 660 (85.27%) instituted claims, and patent owners conceded 20 (2.58%) instituted claims.

On a per-case basis, no instituted or substitute claims survived in 39 (76.47%) decisions, all instituted claims survived in 7 (13.73%) decisions, and a mixed outcome occurred in 5 (9.80%) decisions. 

Through March 31, 2023, the PTAB has cumulatively granted 595 (16.62%) proposed substitute claims in motions to amend while denying 2,986 (83.38%) proposed substitute claims in IPRs. 

The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through March 31, 2023, broken down by technology center, is as follows:

The cumulative number of Final Written Decisions through March 31, 2023, separated by technology center, is as follows:

Additional cumulative statistics on the Board’s IPR, CBM, and PGR decisions, updated through March 31, 2023, are available here on the At the PTAB blog. 

Tags

AIA statistics

Related Practices

Patent Office Invalidation Proceedings

PTAB Invalidation Proceedings: IPR and PGR

Related Offices

Reston, VA

Washington, DC

Contacts

Daniel F. Klodowski
Partner
Washington, DC
+1 202 408 4216
Email
Umber Aggarwal
Associate
Reston, VA
+1 571 203 2423
Email
Elliot C. Cook
Partner
Reston, VA
+1 571 203 2738
Email
Aaron L. Parker
Partner
Washington, DC
+1 202 408 4387
Email

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