In the 63 Final Written Decisions issued by the Patent Trial and Appeal Board in March, the Board cancelled 559 (65.00%) of the instituted claims and declined to cancel 251 (29.19%) of the instituted claims. Patent owners conceded 50 (5.81%) of the instituted claims through motions to amend or disclaimer. These numbers are considerably better for patentees than the February 2016 numbers, where 79.45% of all instituted claims were cancelled and only 18.12% of instituted claims survived.
On a per-case basis, no instituted or substitute claims survived in 42 (66.67%) of the decisions, all instituted claims survived in 18 (28.57%) of the decisions, and a mixed outcome occurred in 3 (4.76%) of the 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. These numbers are also significantly more favorable to patentees than the February 2016 numbers, where no instituted claims survived in 82.86% of cases and all instituted claims survived in only 5.71% of cases.
The following resources are also available on the AIA Blog:
- More detailed cumulative statistics on the Board's IPR and CBM decisions, updated through April 1, 2016
- Lists of the top 10 PTAB judges by panel appearances and authored opinions
- Numbers of final written decisions by technology center
Various other PTAB metrics collected and generated by Finnegan are reserved for the use of Finnegan and its clients.
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