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ARTICLE · 12 OCTOBER 2018

IPR And CBM Statistics For Final Written Decisions Issued In August 2018

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The Patent Trial and Appeal Board issued 39 IPR and CBM Final Written Decisions in August, including decisions following remands from the Federal Circuit

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
Aaron Parker
Aaron Parker
Elliot C. Cook
Elliot C. Cook
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The Patent Trial and Appeal Board issued 39 IPR and CBM Final Written Decisions in August, including decisions following remands from the Federal Circuit, cancelling 424 (75.58%) instituted claims while declining to cancel 131 (23.35%) instituted claims.  Patent owners conceded 6 (1.07%) claims through motions to amend or disclaimer in cases reaching a final decision.  For comparison, the cumulative average rate of instituted claims cancelled in IPR and CBM Final Written Decisions is about 75%.

On a per-case basis, no instituted or substitute claims survived in 24 (61.54%) decisions, all instituted claims survived in 7 (17.95%) decisions, and a mixed outcome occurred in 8 (20.51%) 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. 

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