ARTICLE
6 May 2024

IPR And PGR Statistics For Final Written Decisions Issued In March 2024

FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Contributor

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 March, the PTAB cancelled 458 (75.21%) instituted claims across 31 IPR and PGR Final Written Decisions...
United States Intellectual Property

In March, the PTAB cancelled 458 (75.21%) instituted claims across 31 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 90 (14.78%) instituted claims survived. Patent owners conceded 61 (10.02%) instituted claims, such as through motions to amend. For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 74%.

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On a per-case basis, no instituted or substitute claims survived in 18 (58.06%) decisions, all instituted claims survived in 3 (9.68%) decisions, and a mixed outcome occurred in 10 (32.26%) 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.

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Through March 31, 2024, the PTAB has cumulatively granted 623 (15.60%) proposed substitute claims in motions to amend while denying 3,371 (84.40%) proposed substitute claims in IPRs.

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The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through March 31, 2024, broken down by technology center, is as follows:

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The cumulative number of Final Written Decisions through March 31, 2024, separated by technology center, is as follows:

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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.

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