In June, the PTAB cancelled 284 (82.32%) instituted claims across 20 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 59 (17.10%) instituted claims survived. Patent owners conceded 2 (0.58%) 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%.
On a per-case basis, no instituted or substitute claims survived in 15 (75%) decisions, all instituted claims survived in 1 (5%) decisions, and a mixed outcome occurred in 4 (20%) 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 June 30, 2024, the PTAB has cumulatively granted 625 (15.50%) proposed substitute claims in motions to amend while denying 3,408 (84.50%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through June 30, 2024, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through June 30, 2024, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through June 30, 2024, are available here on the At the PTAB blog.
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