In July, a relatively difficult month for patent owners, the PTAB cancelled 582 (89.40%) instituted claims across 20 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 63 (9.68%) instituted claims survived, and patent owners conceded 6 (0.92%) instituted claims through motions to amend or disclaimer. For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 73%.
On a per-case basis, no instituted or substitute claims survived in 39 (81.25%) decisions, all instituted claims survived in 3 (6.25%) decision, and a mixed outcome occurred in 6 (12.5%) 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.
In August, a relatively favorable month for patent owners, the PTAB cancelled 261 (67.44%) instituted claims across 23 IPR and PGR Final Written Decisions. In those decisions, 126 (32.56%) instituted claims survived, and patent owners did not concede any instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 12 (52.17%) decisions, all instituted claims survived in 7 (30.43%) decisions, and a mixed outcome occurred in 4 (17.39%) decisions in August.
Through August 31, 2024, the PTAB has cumulatively granted 662 (15.90%) proposed substitute claims in motions to amend in IPRs, while denying 3,501 (84.10%) proposed substitute claims.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through August 31, 2024, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through August 31, 2024, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through August 31, 2024, are available here on the At the PTAB blog.
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