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ARTICLE · 04 JULY 2016

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

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In the 35 Final Written Decisions issued by the Patent Trial and Appeal Board in May, the Board cancelled 413 (74.28%) of the instituted claims and declined to cancel 94 (16.91%) of the instituted claims.

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
Elliot C. Cook
Elliot C. Cook
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In the 35 Final Written Decisions issued by the Patent Trial and Appeal Board in May, the Board cancelled 413 (74.28%) of the instituted claims and declined to cancel 94 (16.91%) of the instituted claims. Patent owners conceded 49 (8.81%) of the instituted claims through motions to amend or disclaimer.

On a per-case basis, no instituted or substitute claims survived in 25 (71.43%) of the decisions, all instituted claims survived in only three (8.57%) of the decisions, and a mixed outcome occurred in seven (20.00%) 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.

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