In May, the PTAB cancelled 323 (67.01%) instituted claims across 33 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 152 (31.54%) instituted claims survived. Patent owners conceded 7 (1.45%) instituted claims, such as through motions to amend. For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 74%.
On a per-case basis, no instituted or substitute claims survived in 19 (57.58%) decisions, all instituted claims survived in 6 (18.18 %) decisions, and a mixed outcome occurred in 8 (24.24%) 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.
Through May 31, 2025, the PTAB has cumulatively granted 677 (15.49%) proposed substitute claims in motions to amend while denying 3,693 (84.51%) proposed substitute claims in IPRs.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through May 31, 2025, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through May 31, 2025, separated by technology center, is as follows:
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