In July and August, the PTAB cancelled 957 (83.87%) instituted claims across 72 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 155 (13.58%) 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 53 (73.61%) decisions, all instituted claims survived in 6 (8.33%) decisions, and a mixed outcome occurred in 13 (18.06%) 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 August 31, 2025, the PTAB has cumulatively granted 679 (15.52%) proposed substitute claims in motions to amend while denying 3,697 (84.48%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through August 31, 2025, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through August 31, 2025, separated by technology center, is as follows:
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