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ARTICLE · 04 OCTOBER 2016

IPR And CBM Statistics For Final Written Decisions Issued In August 2016

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In the 36 Final Written Decisions issued by the Patent Trial and Appeal Board in August, the Board cancelled 468 of the instituted claims and declined to cancel 213 of the instituted claims.

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
Elliot C. Cook
Elliot C. Cook
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In the 36 Final Written Decisions issued by the Patent Trial and Appeal Board in August, the Board cancelled 468 (68.42%) of the instituted claims and declined to cancel 213 (31.14%) of the instituted claims. Patent owners conceded 3 (0.44%) of the instituted claims through motions to amend or disclaimer.

On a per-case basis, no instituted or substitute claims survived in 22 (61.11%) of the decisions, all instituted claims survived in 7 (19.44%) of the decisions, and a mixed outcome occurred in 7 (19.44%) 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.

The overall cumulative instituted claim survival rate, broken down by technology center, is as follows:

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