In September, a relatively favorable month for patent owners, the PTAB cancelled 123 (57.75%) instituted claims across 19 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 74 (34.74%) instituted claims survived. Patent owners conceded 16 (7.51%) instituted claims, including 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 12 (63.16%) decisions, all instituted claims survived in 6 (31.58%) decisions, and a mixed outcome occurred in 1 (5.26%) decision. 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 September 30, 2024, the PTAB has cumulatively granted 662 (15.90%) proposed substitute claims in motions to amend while denying 3,501 (84.10%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through September 30, 2024, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through September 30, 2024, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through September 30, 2024, are available here on the At the PTAB blog.
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