Oct 31, 2017 - Page 1. Page 2. Trial Statistics. IPR, PGR, CBM. Patent Trial and Appeal Board. October 2017. Page 3. IPR
Trial Statistics IPR, PGR, CBM
Patent Trial and Appeal Board October 2017
Petitions by Trial Type (All Time: 9/16/12 to 10/31/17)
IPR 7,074 92%
CBM 529 7% 7,685 Total
PGR 82 1%
Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM). 3
Petitions Filed by Technology in FY18 (FY18 to date: 10/1/17 to 10/31/17)
Mechanical & Business Method 33 26%
128 Total
Electrical/Computer 70 54%
Chemical 6 5% Bio/Pharma 19 15% Design 0 0%
4
Petitions Filed by Month
(October 2017 and Previous 12 Months: 10/1/16 to 10/31/17) (119 IPRs in FY18)
237
250 225 200 175 150
119
116
125 100
IPR
Oct-16 (4 PGRs in FY18) 7 4 4 4
10 5
0
0 Oct-16
PGR
119 Oct-17
10
10 5
(5 CBMs in FY18) 5 0 0
0 Oct-17
124
Oct-16
CBM
Oct-17
5
Preliminary Response Filing Rates
Pre- and Post-Rule To Allow New Testimonial Evidence (NTE) (All Time: 9/16/12 to 10/31/17) 86%
82%
86% 87%
85% 85% 64%
83%
87%
71%
NTE NTE 49%
63%
NTE
NTE
35%
38%
37%
NTE
Pre Post
Pre Post
Pre Post
Pre Post
Pre Post
Bio/Pharma
Chemical
Design
Electrical/Computer
Mechanical & Business Method
The rule to allow new testimonial evidence was effective May 2, 2016. 6
Institution Rates
(FY13 to FY18: 10/1/12 to 10/31/17) 100% 90%
Instituted
87%
70% 60% 50%
664 469
30% 20% 10%
68% 1,012
40%
191
2,000 1,800
75%
80%
Denied
67% 1,011 496
1,600
63%
1,400 1,200
49%
955
1,000 800
557
600 400
223
87 90
29
200
0%
0
FY13
FY14
FY15
FY16
FY17
Institution rate for each fiscal year is calculated by dividing petitions instituted by decisions on institution (i.e., petitions instituted plus petitions denied). The outcomes of decisions on institution responsive to requests for rehearing are excluded.
FY18
7
Institution Rates by Technology (All Time: 9/16/12 to 10/31/17) Bio/Pharma
61% (337 of 550)
Chemical Design Electrical/Computer Mechanical & Business Method
66% (258 of 388)
41% (17 of 41)
69% (2,311 of 3,364)
69% (997 of 1,441)
Institution rate for each technology is calculated by dividing petitions instituted by decisions on institution (i.e., petitions instituted plus petitions denied). The outcomes of decisions on institution responsive to requests for rehearing are excluded.
8
Pre-Institution Settlements (FY13 to FY18: 10/1/12 to 10/31/17)
20%
16% Settlement Rate
Settlements
14%
12% 291
9%
18%
242
16%
14%
249
14% 12%
9%
10% 8%
127
6% 4%
23
18
2% 0%
FY13
FY14
FY15
FY16
FY17
Settlement rate for each year is calculated by dividing pre-institution settlements by the sum of proceedings instituted, denied institution, dismissed, terminated with a request for adverse judgment, and settled before decision on institution.
FY18
9
Post-Institution Settlements (FY13 to FY18: 10/1/12 to 10/31/17) Settlement Rate
90% 85%
40%
65%
29% 212
Settlements
22% 194
22%
45%
11%
25% 5%
187
-15%
110
-35%
18
-55%
6
-75%
FY13
FY14
FY15
FY16
FY17
Settlement rate for each year is calculated by dividing post-institution settlements by proceedings terminated post-institution (i.e., settled, dismissed, terminated with a request for adverse judgment, and final written decision), excluding joined cases.
FY18
10
Status of Petitions
(All Time: 9/16/12 to 10/31/17) 7,685 Instituted Claims Unpatentable No Claim: 346 (19%) Some Claims: 290 (16%) All Claims: 1,181 (65%)
744
1,817
727
38
246
These figures reflect the latest status of each petition. The outcomes of decisions on institution responsive to requests for rehearing are incorporated. Once joined to a base case, a petition remains in the Joined category regardless of subsequent outcomes.
Final Writ. Decisions
367
Instituted
Denied
Req. Adv. Judgment
Dismissed
Settled
Open PreInstitution
Petitions
1,845
Req. Adv. Judgment
3,939
Dismissed
29
Settled
72
Joined
950
Open PostInstitution
850
11
