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ARTICLE · 09 JULY 2018

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

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The Patent Trial and Appeal Board issued 34 IPR and CBM Final Written Decisions in May, including decisions following remands from the Federal Circuit...

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
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The Patent Trial and Appeal Board issued 34 IPR and CBM Final Written Decisions in May, including decisions following remands from the Federal Circuit, cancelling 322 (68.51%) instituted claims while declining to cancel 122 (25.96%) instituted claims.  Patent owners conceded 26 (5.53%) 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 20 (58.82%) decisions, all instituted claims survived in 7 (20.59%) decisions, and a mixed outcome occurred in 7 (20.59%) 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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