In June, the PTAB cancelled 295 (60.20%) instituted claims across 22 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 195 (39.8%) instituted claims survived.
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 (68.18%) decisions, all instituted claims survived in 5 (22.73%) decisions, and a mixed outcome occurred in 2 (9.09%) 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, 2025, the PTAB has cumulatively granted 677 (15.48%) proposed substitute claims in motions to amend while denying 3,697 (84.52%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through June 30, 2025, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through June 30, 2025, separated by technology center, is as follows:
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