JUST THE STATS:
IPR: SURVIVAL RATE OF CHALLENGED CLAIMS

Key Finding: In cases that reached final written decisions or were substantively denied institution, a little less than half of the originally challenged claims were cancelled / unpatentable. Claims denied institution due to procedural reasons (e.g., time-barred) were excluded. The analysis includes decisions not to institute through June 2019, and final decisions through June 2020, because final decisions typically issue about one year after the institution decisions. This avoids skewing to one type of decision. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.