JUST THE STATS:
IPR: UNPATENTABILITY FINDINGS IN FINAL DECISIONS RELATIVE TO CLAIMS CHALLENGED

Key Finding: Section 103 grounds continue to outperform Section 102 grounds. The Section 102 success rate is similar to the corresponding rate in district court litigations (about 31-35%), while the success rate for Section 103 is much higher in IPR proceedings than in district courts (about 28-33%). This analysis excludes claims cancelled by the patent owner for which the PTAB could not issue a ruling under a specific section. Download Venable Fitzpatrick's PGHQ June 2020 Reporter here.