JUST THE STATS:
IPR: NUMBER OF CLAIMS AMENDED / DENIED AMENDMENT

Key Finding: As with the statistics for the success rate for overall motions, the success rate on a claim-by-claim basis has increased overall from 2017’s analysis (3.5% overall). Indeed, through 2017, only 42 claims had been successfully amended, as compared to 160 claims by the end of 2018, 258 by the end of 2019, and 315 by mid-2020. While the 2018 statistics showed a success rate on a claim-by-claim basis of over 18%, there was a significant drop in 2019 with the success rate on a claim-by-claim basis being about half that of 2018 at 9.4%. In 2020, the success rate rose again to 14.2%. In most instances, the PTAB denied motions to amend for substantive reasons; however, in a few instances, a contingent motion to amend was not granted because the original claims were upheld. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.