In October, the PTAB cancelled 694 (76.60%) instituted claims across 61 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 195 (21.52%) instituted claims survived, and patent owners conceded 17 (1.88%) 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 73%.
On a per-case basis, no instituted or substitute claims survived in 43 (70.49%) decisions, all instituted claims survived in 11 (18.03%) decisions, and a mixed outcome occurred in 7 (11.48%) 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.
Through October 31, 2023, the PTAB has cumulatively granted 623 (15.91%) proposed substitute claims in motions to amend while denying 3,294 (84.09%) prop osed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through October 31, 2023, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through October 31, 2023, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through October, 2023, are availablehereon the At the PTAB blog.
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