In the 35 Final Written Decisions issued by the Patent Trial and Appeal Board in February, the Board cancelled 491 (79.45%) of the instituted claims and declined to cancel 112 (18.12%) of the instituted claims. Patent owners conceded 15 (2.43%) of the instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 29 (82.86%) of the decisions, all instituted claims survived in 2 (5.71%) of the decisions, and a mixed outcome occurred in 4 (11.43%) 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 March 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.
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