In October, the PTAB cancelled 694 (76.60%) instituted claims across 61 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 195 (21.52%) instituted claims survived, and patent owners conceded 17 (1.88%) 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 73%.
On a per-case basis, no instituted or substitute claims survived in 43 (70.49%) decisions, all instituted claims survived in 11 (18.03%) decisions, and a mixed outcome occurred in 7 (11.48%) 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, 2023, the PTAB has cumulatively granted 623 (15.91%) proposed substitute claims in motions to amend while denying 3,294 (84.09%) prop osed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through October 31, 2023, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through October 31, 2023, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through October, 2023, are availablehereon 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.