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ARTICLE · 24 NOVEMBER 2017

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

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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The Patent Trial and Appeal Board issued 44 IPR and CBM Final Written Decisions in October, cancelling 623 (70%) instituted claims while declining to cancel 267 (30%) instituted claims.

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
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The Patent Trial and Appeal Board issued 44 IPR and CBM Final Written Decisions in October, cancelling 623 (70%) instituted claims while declining to cancel 267 (30%) instituted claims.  Patent owners did not concede any instituted 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 28 (63.64%) decisions, all instituted claims survived in 13 (29.55%) decisions, and a mixed outcome occurred in 3 (6.82%) 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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