JUST THE STATS:
IPR: STATISTICS ON REMAND DECISIONS

Key Finding: Through 2018, the PTAB’s rulings had gone largely unchanged following remands in which the Federal Circuit instructed the PTAB to reconsider original decisions (e.g., to use a different claim construction). This trend began to change in 2019, when almost half of the patentability outcomes were changed on remand.  More remands occurred in 2019 (44 compared to 27 in all previous years combined) due in part to SAS remands requiring the PTAB to consider claims not previously instituted. This analysis does not account for cases in which the Federal Circuit simply reversed the PTAB’s decision, leaving no further analysis for the PTAB to undertake. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.