IPR and PGR Statistics for Final Written Decisions Issued in June 2023

In June, the PTAB cancelled 366 (71.76%) instituted claims across 36 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit.  After review, 107 (20.98%) instituted claims survived, and patent owners conceded 37 (7.25%) instituted claims through motions to amend or disclaimer.  For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 72%.

On a per-case basis, no instituted or substitute claims survived in 21 (58.33%) decisions, all instituted claims survived in 7 (19.44%) decisions, and a mixed outcome occurred in 8 (22.22%) 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. 

Through June 30, 2023, the PTAB has cumulatively granted 603 (15.82%) proposed substitute claims in motions to amend while denying 3,208 (84.18%) proposed substitute claims in IPRs. 

The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through June 30, 2023, broken down by technology center, is as follows:

The cumulative number of Final Written Decisions through June 30, 2023, separated by technology center, is as follows:

Additional cumulative statistics on the Board’s IPR, CBM, and PGR decisions, updated through June 30, 2023, are available here on the At the PTAB blog.