In April, the PTAB cancelled 506 (76.67%) instituted claims across 44 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 154 (23.33%) instituted claims survived, and patent owners did not concede any instituted claims through motions to amend or disclaimer. For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 73%.
On a per-case basis, no instituted or substitute claims survived in 31 (70.45%) decisions, all instituted claims survived in 10 (22.73%) 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.
In May, a relatively favorable month for patent owners, the PTAB cancelled 313 (60.08%) instituted claims across 30 IPR and PGR Final Written Decisions. In those decisions, 208 (39.92%) instituted claims survived. For the second month in a row, in an unusual trend, patent owners did not file any motions to amend in IPRs or PGRs reaching final decision, nor did they concede any instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 15 (50%) decisions, all instituted claims survived in 11 (36.67%) decisions, and a mixed outcome occurred in 4 (13.33%) decisions in May.
Through May 31, 2024, the PTAB has cumulatively granted 623 (15.60%) proposed substitute claims in motions to amend in IPRs while denying 3,371 (84.40%) proposed substitute claims.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through May 31, 2024, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through May 31, 2024, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through May 31, 2024, are available here on the At the PTAB blog.
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