IPR And CBM Statistics For Final Written Decisions Issued In May 2016

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
In the 35 Final Written Decisions issued by the Patent Trial and Appeal Board in May, the Board cancelled 413 (74.28%) of the instituted claims and declined to cancel 94 (16.91%) of the instituted claims.
United States Intellectual Property

In the 35 Final Written Decisions issued by the Patent Trial and Appeal Board in May, the Board cancelled 413 (74.28%) of the instituted claims and declined to cancel 94 (16.91%) of the instituted claims. Patent owners conceded 49 (8.81%) of the instituted claims through motions to amend or disclaimer.

On a per-case basis, no instituted or substitute claims survived in 25 (71.43%) of the decisions, all instituted claims survived in only three (8.57%) of the decisions, and a mixed outcome occurred in seven (20.00%) 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:

Various other PTAB metrics collected and generated by Finnegan are reserved for the use of Finnegan and its clients.

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