IPR and CBM Statistics for Final Written Decisions Issued in May 2016
June 27, 2016
Authored and Edited by David C. Seastrunk; Elliot C. Cook; Daniel F. Klodowski; Aaron L. Parker
In the 35 Final Written Decisions issued by the Patent Trial and Appeal Board in May, the Board cancelled 413 (74.28%) of the instituted claims and declined to cancel 94 (16.91%) of the instituted claims. Patent owners conceded 49 (8.81%) of the instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 25 (71.43%) of the decisions, all instituted claims survived in only three (8.57%) of the decisions, and a mixed outcome occurred in seven (20.00%) 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 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.
Contacts
- Elliot C. Cook
- Partner
- Reston, VA
- +1 571 203 2738
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