IPR and CBM Statistics for Final Written Decisions Issued in June 2015

Authors:Daniel F. Klodowski, Elliot C. Cook

Editor:Aaron L. Parker

In the 36 Final Written Decisions issued by the Patent Trial and Appeal Board in June, the Board cancelled 446 (86.27%) of the instituted claims, and it held that 47 (9.09%) of the instituted claims were not proven unpatentable by a preponderance of the evidence. Patent owners conceded 24 (4.64%) of the instituted claims through motions to amend.

On a per-case basis, no instituted or substitute claims survived in 26 (72.22%) of the decisions, all instituted claims survived in 5 (13.89%) of the decisions, and a mixed outcome occurred in 5 (13.89%) 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 Board decision.

More detailed cumulative statistics on the Board’s IPR and CBM decisions, updated through July 1, 2015, are available here on the AIA Blog.

Lists of the top 10 PTAB judges by panel appearances and authored opinions are available here.

Numbers of final written decisions by technology center are available here.

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