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ARTICLE · 24 JANUARY 2018

IPR And CBM Statistics For Final Written Decisions Issued In December 2017

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The Patent Trial and Appeal Board issued 61 IPR and CBM Final Written Decisions in December, including decisions following remands from the Federal Circuit, cancelling 852 (73.83%) instituted claims...

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
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The Patent Trial and Appeal Board issued 61 IPR and CBM Final Written Decisions in December, including decisions following remands from the Federal Circuit, cancelling 852 (73.83%) instituted claims while declining to cancel 301 (26.08%) instituted claims.  Patent owners conceded only 1 claim (0.09%) 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 43 (70.49%) decisions, all instituted claims survived in 8 (13.11%) decisions, and a mixed outcome occurred in 10 (16.39%) 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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