In the 36 Final Written Decisions issued by the Patent Trial and Appeal Board in August, the Board cancelled 468 (68.42%) of the instituted claims and declined to cancel 213 (31.14%) of the instituted claims. Patent owners conceded 3 (0.44%) of the instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 22 (61.11%) of the decisions, all instituted claims survived in 7 (19.44%) of the decisions, and a mixed outcome occurred in 7 (19.44%) 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 overall cumulative instituted claim survival rate, broken down by technology center, is as follows:
The following resources are also available on the AIA Blog:
- More detailed cumulative statistics on the Board's IPR and CBM decisions, updated through April 1, 2016
- Lists of the top 10 PTAB judges by panel appearances and authored opinions
- Numbers of final written decisions by technology center
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
