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The Patent Trial and Appeal Board issued 44 IPR and CBM Final Written Decisions in March, including decisions following remands from the Federal Circuit, cancelling 404 (75.23%) instituted claims while declining to cancel 116 (21.60%) instituted claims.  Patent owners conceded 17 (3.17%) 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%.…
Through March 15, 2019, the Federal Circuit decided 495 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 366 (74.09%) cases and reversed or vacated the PTAB on every issue in 66 (13.36%) cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 46 (9.31%) cases.  The court dismissed 16 (3.24%) appeals without rendering…
The Patent Trial and Appeal Board issued 34 IPR and CBM Final Written Decisions in February, including decisions following remands from the Federal Circuit, cancelling 408 (66.89%) instituted claims while declining to cancel 192 (31.48%) instituted claims.  Patent owners conceded 10 (1.64%) 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%.…
Through January 15, 2019, the Federal Circuit decided 466 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 348 (74.68%) cases, and reversed or vacated the PTAB on every issue in 60 (12.88%) cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 43 (9.23%) cases.  The court dismissed 15 (3.22%) appeals without rendering…
The Patent Trial and Appeal Board issued 55 IPR and CBM Final Written Decisions in December, including decisions following remands from the Federal Circuit, cancelling 693 (73.49%) instituted claims while declining to cancel 234 (24.81%) instituted claims.  Patent owners conceded 16 (1.70%) 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%.…
The Patent Trial and Appeal Board issued 50 IPR and CBM Final Written Decisions in November, including decisions following remands from the Federal Circuit, cancelling 540 (66.83%) instituted claims while declining to cancel 263 (32.55%) instituted claims.  Patent owners conceded 5 (0.62%) 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%.…
Finnegan’s PTAB stats team is pleased to supplement our standard monthly statistics with a new look at how claims have fared over time for IPR cases reaching final written decision.  This information was compiled through the end of the third quarter of 2018 (September 30). 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,…
Through September 15, 2018, the Federal Circuit decided 418 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 310 (74.16%) cases, and reversed or vacated the PTAB on every issue in 53 (12.68%) cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 40 (9.57%) cases.  The court dismissed 15 (3.59%) appeals without rendering…
The Patent Trial and Appeal Board issued 39 IPR and CBM Final Written Decisions in August, including decisions following remands from the Federal Circuit, cancelling 424 (75.58%) instituted claims while declining to cancel 131 (23.35%) instituted claims.  Patent owners conceded 6 (1.07%) 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%.…
Through August 15, 2018, the Federal Circuit decided 405 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 304 (75.06%) cases, and reversed or vacated the PTAB on every issue in 49 (12.10%) cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 38 (9.38%) cases.  The court dismissed 14 (3.46%) appeals without rendering…