JUST THE STATS:
IPR: SURVIVAL RATE OF INSTITUTED CLAIMS

Key Finding: This chart shows the survival rate of instituted claims in IPR proceedings that reached a final written decision (as compared to prior charts that show the survival rates relative to claims originally challenged, some of which were not instituted). Trial is now instituted on all challenged claims if the PTAB believes that “it is more likely than not that” at least one claim is unpatentable. Prior to the Supreme Court’s decision in SAS Institute v. Iancu, institution could be based on a subset of claims challenged, causing institution to be a significant predictor of the ultimate outcome. SAS will likely have an impact on this statistic over time, as the PTAB now institutes trial on claims even if only some of the claims meet the threshold.