In June, the PTAB cancelled 366 (71.76%) instituted claims across 36 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 107 (20.98%) instituted claims survived, and patent owners conceded 37 (7.25%) 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 72%.
On a per-case basis, no instituted or substitute claims survived in 21 (58.33%) decisions, all instituted claims survived in 7 (19.44%) decisions, and a mixed outcome occurred in 8 (22.22%) 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.
On a per-case basis, no instituted or substitute claims survived in 21 (58.33%) decisions, all instituted claims survived in 7 (19.44%) decisions, and a mixed outcome occurred in 8 (22.22%) 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 in IPRs, CBMs, and PGRs through June 30, 2023, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through June 30, 2023, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through June 30, 2023, are available here on the At the PTAB blog.
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