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At the PTAB Blog

IPR and PGR Statistics for Final Written Decisions Issued in November and December 2023

February 2, 2024

Authored and Edited by Daniel F. Klodowski; Umber Aggarwal; Deena Kablaoui Lanier; Nicholas A. Eitsert; Elliot C. Cook; Aaron L. Parker

In November, the PTAB cancelled 550 (71.34%) instituted claims across 47 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit.  After review, 201 (26.07%) instituted claims survived, and patent owners conceded 20 (2.59%) 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 73%.

On a per-case basis, no instituted or substitute claims survived in 26 (55.32%) decisions, all instituted claims survived in 9 (19.15%) decisions, and a mixed outcome occurred in 12 (25.53%) 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 December, the PTAB cancelled 581 (88.03%) instituted claims across 42 IPR and PGR Final Written Decisions. In those decisions, 79 (11.97%) instituted claims survived, and patent owners did not concede any instituted claims through motions to amend or disclaimer. 

On a per-case basis, no instituted or substitute claims survived in 30 (71.43%) decisions, all instituted claims survived in 4 (9.52%) decisions, and a mixed outcome occurred in 8 (19.05%) decisions.  

Through December 31, 2023, the PTAB has cumulatively granted 623 (15.67%) proposed substitute claims in motions to amend while denying 3,354 (84.33%) proposed substitute claims in IPRs. 

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

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

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

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
Deena Kablaoui Lanier
Associate
Washington, DC
+1 202 408 4115
Email
Nicholas A. Eitsert
Associate
Washington, DC
+1 202 408 4157
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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