Key Finding: These statistics do not account for overall redundancies in patents challenged, as it examines each year’s challenges independently from each other year. The listed periods correspond to the year of the final written decisions. The analyzed decisions not to institute are from one year earlier. As can be seen, the CBM rate of unpatentability has fluctuated within a range, without the discernible trend associated with IPRs. While there is an apparent trend upwards since 2018, it should be noted that, in 2020, the sample size was very small, making it difficult to draw any conclusions from the data. The small sample size my be due to the expiration of the CBM program in September, which may have caused some patent owners to wait until after the expiration to enforce vulnerable patents. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.