JUST THE STATS:
IPR: BREAKDOWN OF UNPATENTABILITY FINDINGS IN FINAL DECISIONS RELATIVE TO CLAIMS INSTITUTED

Key Finding: This chart presents the percentage of claims found unpatentable under Sections 102 and 103 out of the claims for which trial was instituted in IPR proceedings that reached final written decisions. Some claims were invalidated under both grounds. We excluded cancelled claims for which the PTAB could not issue a ruling under Section 102 and/or 103. The higher rates show that the likelihood of a successful challenge jumps significantly upon institution. However, we expect that these statistics will shift due to the effects of SAS. For instance, while the success rate of Section 102 challenges post-institution is high, as compared to the success rate for originally challenged claims, most of the decisions forming these statistics are from pre-SAS cases, where the PTAB could exclude weak Section 102 challenges. Under the current policy, the PTAB will institute all challenges, so long as one challenge meets the requirement for institution.