In December, the PTAB cancelled 370 (77.57%) instituted claims across 27 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 102 (21.38%) instituted claims survived, and patent owners conceded 5 (1.05%) 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 74%.
On a per-case basis, no instituted or substitute claims survived in 15 (55.56%) decisions, all instituted claims survived in 7 (25.93%) decision, and 5 (18.52%) decisions had a mixed outcome in which at least one instituted or substitute claim survived and at least one instituted claim was cancelled.
In January, a relatively favorable month for patent challengers, the PTAB cancelled 491 (80.49%) instituted claims across 33 IPR and PGR Final Written Decisions. In those decisions, 117 (19.18%) instituted claims survived, and patent owners conceded 2 (0.33%) instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 19 (57.58%) decisions, all instituted claims survived in 3 (9.09%) decisions, and a mixed outcome occurred in 11 (33.33%) decisions in January.
Turning to motions to amend that were addressed on the merits in a Final Written Decision, the PTAB has cumulatively granted 662 (15.61%) proposed substitute claims while denying 3,580 (84.39%) proposed substitute claims through January 31, 2025.
Patentees have had slightly more success with motions to amend in PGRs. Through January 31, 2025, the PTAB granted 69 (20.60%) proposed substitute claims in PGR motions to amend while denying 266 (79.40%) proposed substitute claims.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through January 31, 2025, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through January 31, 2025, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through January 31, 2025, are available here on the At the PTAB blog.
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.
