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ARTICLE · 15 AUGUST 2019

Special Report – PTAB IPR Stats Over Time For Q2 2019

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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This special report explores IPR claim survival rates and the volume of issued final written decisions issued cumulatively through Q2 (June 30) 2019.

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
Aaron Parker
Aaron Parker
Elliot C. Cook
Elliot C. Cook
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This special report explores IPR claim survival rates and the volume of issued final written decisions issued cumulatively through Q2 (June 30) 2019.

On a per-month basis, the survival rate for instituted claims reaching final written decisions in IPRs has varied significantly.  The highest monthly claim survival rate was 53.75% in May 2017, and the lowest survival rate (disregarding the first few months of final decisions due to the low sample size and 0% survival rate) was 3.54% in August 2014.  The cumulative average survival rate reached a peak of 29.92% in July 2014 before eventually settling just above 25% (25.60% through June 2019).

On a quarterly basis, beginning in 2014, claim survival rates still varied considerably over time.  The maximum quarterly instituted claim survival rate was 35.41% in Q1 2017, followed by 32.74% in Q2 2018.  The minimum quarterly instituted claim survival rate (disregarding the 0% survival rate in Q4 2013) was 8.07% in Q1

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