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ARTICLE · 11 JULY 2019

IPR And CBM Statistics For Final Written Decisions Issued In May 2019

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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May was a relatively good month for patent owners at the PTAB. The Patent Trial and Appeal Board issued 49 IPR and CBM Final Written Decisions,

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
Aaron Parker
Aaron Parker
Elliot C. Cook
Elliot C. Cook
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May was a relatively good month for patent owners at the PTAB.  The Patent Trial and Appeal Board issued 49 IPR and CBM Final Written Decisions, including decisions following remands from the Federal Circuit, cancelling 475 (67.95%) instituted claims while declining to cancel 224 (32.05%) instituted claims.  Patent owners did not concede any 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 74%.

On a per-case basis, no instituted or substitute claims survived in 21 (42.86%) decisions, all instituted claims survived in 13 (26.53%) decisions, and a mixed outcome occurred in 15 (30.61%) 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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