In October, the PTAB cancelled 299 (66.15%) instituted claims across 29 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 153 (33.85%) instituted claims survived. Patent owners did not concede any 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 17 (58.62%) decisions, all instituted claims survived in 8 (27.59%) decisions, and a mixed outcome occurred in 4 (13.79%) 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 October 31, 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 October 31, 2024, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through October 31, 2024, separated by technology center, is as follows:
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