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ARTICLE · 13 JULY 2017

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

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The Patent Trial and Appeal Board issued 41 Final Written Decisions in May. It was a relatively patentee-friendly month, with the Board cancelling 269 (48.04%) of the instituted claims while declining to cancel 287 (51.25%) of the instituted claims.

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
Elliot C. Cook
Elliot C. Cook
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The Patent Trial and Appeal Board issued 41 Final Written Decisions in May.  It was a relatively patentee-friendly month, with the Board cancelling 269 (48.04%) of the instituted claims while declining to cancel 287 (51.25%) of the instituted claims.  Patent owners conceded 4 (0.71%) instituted claims through motions to amend or disclaimer in cases reaching a final decision.  For comparison, the cumulative average rate of claims cancelled in final written decisions is about 75%.

On a per-case basis, no instituted or substitute claims survived in 20 (48.78%) of the decisions, all instituted claims survived in 14 (34.15%) of the decisions, and a mixed outcome occurred in 7 (17.07%) 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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