IPR and CBM Statistics for Final Written Decisions Issued in August 2016

In the 36 Final Written Decisions issued by the Patent Trial and Appeal Board in August, the Board cancelled 468 (68.42%) of the instituted claims and declined to cancel 213 (31.14%) of the instituted claims. Patent owners conceded 3 (0.44%) of the instituted claims through motions to amend or disclaimer.

On a per-case basis, no instituted or substitute claims survived in 22 (61.11%) of the decisions, all instituted claims survived in 7 (19.44%) of the decisions, and a mixed outcome occurred in 7 (19.44%) 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.

The overall cumulative instituted claim survival rate, broken down by technology center, is as follows:

The following resources are also available on the AIA Blog:

• More detailed cumulative statistics on the Board’s IPR and CBM decisions, updated through April 1, 2016
• Lists of the top 10 PTAB judges by panel appearances and authored opinions
• Numbers of final written decisions by technology center

Various other PTAB metrics collected and generated by Finnegan are reserved for the use of Finnegan and its clients.