93% of IPR Claims Cancelled by PTAB in February Final Written Decisions

Managing Intellectual Property sourced Finnegan’s AIA Blog for facts and data on Patent Trial and Appeal Board (PTAB) statistics in its article discussing canceled inter partes review (IPR) claims. According to the AIA Blog, in February, the PTAB canceled 93.2% of IPR claims that reached final written decision, which is far higher than the 70% average for all IPRs decided to date. That average does not include claims in which the board does not institute IPR, claims in challenged patents in which the parties to the IPR settled their dispute, and claims that have been canceled by a request for adverse judgment, a related reexamination, or a final court judgment. This high percentage could be an anomaly, or it may signify better odds by petitioners who go the distance.