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ARTICLE · 30 NOVEMBER 2015

IPR And CBM Statistics For Final Written Decisions Issued In October 2015

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In the 44 Final Written Decisions issued by the Patent Trial and Appeal Board in October, the Board cancelled 469 (79.49%) of the instituted claims and declined to cancel 118 (20%) of the instituted claims.

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
Elliot C. Cook
Elliot C. Cook
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In the 44 Final Written Decisions issued by the Patent Trial and Appeal Board in October, the Board cancelled 469 (79.49%) of the instituted claims and declined to cancel 118 (20%) of the instituted claims.  A patent owner conceded 3 (0.51%) of the instituted claims by filing a disclaimer.

On a per-case basis, no instituted or substitute claims survived in 30 (68.18%) of the decisions, all instituted claims survived in 8 (18.18%) of the decisions, and a mixed outcome occurred in 6 (13.64%) 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.

More detailed cumulative statistics on the Board's IPR and CBM decisions, updated through November 1, 2015, are available here on the AIA Blog.

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