In November, the PTAB cancelled 550 (71.34%) instituted claims across 47 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 201 (26.07%) instituted claims survived, and patent owners conceded 20 (2.59%) 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 26 (55.32%) decisions, all instituted claims survived in 9 (19.15%) decisions, and a mixed outcome occurred in 12 (25.53%) 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.
In December, the PTAB cancelled 581 (88.03%) instituted claims across 42 IPR and PGR Final Written Decisions. In those decisions, 79 (11.97%) instituted claims survived, and patent owners did not concede any instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 30 (71.43%) decisions, all instituted claims survived in 4 (9.52%) decisions, and a mixed outcome occurred in 8 (19.05%) decisions.
Through December 31, 2023, the PTAB has cumulatively granted 623 (15.67%) proposed substitute claims in motions to amend while denying 3,354 (84.33%) proposed substitute claims in IPRs.
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The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through December 31, 2023, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through December 31, 2023, separated by technology center, is as follows:
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