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ARTICLE · 19 OCTOBER 2017

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

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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For comparison, the cumulative average rate of instituted claims cancelled in IPR and CBM Final Written Decisions is about 75%.

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
Elliot C. Cook
Elliot C. Cook
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The Patent Trial and Appeal Board issued 33 IPR and CBM Final Written Decisions in September, cancelling 501 (87.28%) instituted claims while declining to cancel 53 (9.23%) instituted claims. Patent owners conceded 20 (3.48%) 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 26 (78.79%) decisions, all instituted claims survived in 4 (12.12%) decisions, and a mixed outcome occurred in 3 (9.09%) decision.  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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