Patent Trial and Appeal Board Statistics PTAB… · *Data current as of: 5/31/2016 4538 90% 460 9%...

Patent Trial and Appeal Board

Statistics5/31/2016

2

Narrative:This pie chart shows the total number of cumulative AIA

petitions filed to date broken out by trial type (i.e., IPR,

CBM, and PGR).

*Data current as of: 5/31/2016

453890%

4609%

281%

5026 Total AIA Petitions*

Total IPR Petitions Total CBM Petitions Total PGR Petitions

Cumulative from 09/16/2012

3


Narrative:This bar graph depicts the

number of AIA petitions filed

each fiscal year, with each bar

showing the filings for that fiscal

year by trial type (i.e., IPR, CBM,

and PGR).

FY 2014 FY 2015 FY 2016*

1310

1737

960

177 14978

2 11 15

Number of AIA Petitions Filed by Fiscal Year by Type

IPR CBM PGR

4

Narrative:These line graphs display the number of IPR, CBM, and PGR petitions filed each month and the

total number of all petitions filed each month from the effective date of the AIA trial provisions.


157 150

190

126

176

142

195

116

192

115

180

145 146174

193

123

177

141117

142 144

99

150

118148

135

0

40

80

120

160

200

240

Number of TOTAL Petitions Filed by Month*

131

184

116

159120

179

102

177

100

164131 139 145

182

117

165136

106131 138

96132

107136

114

0

100

200

300

Number of IPR Petitions Filed by Month*

19

610

1621

1613 15 14 16

137

26

96

95

11 105 3

12 10 1017

05

101520253035404550

Number of CBM Petitions Filed by Month*

0 0 01 1

01

01

01

0

32

0

3

0 01 1

0

6

12

4

0

2

4

6

8

10

Number of PGR Petitions Filed by Month*

150

190

126

176

142

195

116

192

115

180

145 146174

193

123

177

141117

142 144

99

150

118

148135

0

40

80

120

160

200

240

Number of TOTAL Petitions Filed by Month*

5

Narrative:This pie chart shows the

total number of AIA

petitions filed in the current

fiscal year to date as well as

the number and percentage

of these petitions broken

down by technology.


962

65%

318

21%114

8%

92

6%3

0%

1489 Total AIA Petitions in FY 14*

(Technology Breakdown)

1,193

63%

443

23% 90

5%

167

9%

4

0%

1897 Total AIA Petitions in FY 15*

(Technology Breakdown)

59356%

26425%

575%

12412%

152%

1053 Total AIA Petitions in FY 16* (Technology Breakdown)

Electrical/Computer - TCs 2100, 2400, 2600, 2800

Mechanical/Business Method - TCs 3600, 3700

Chemical - TC 1700

Bio/Pharma - TC 1600

Design - TC 2900

6

Narrative:These three sets of bar graphs show the number of

patent owner preliminary responses filed and

waived/not filed each fiscal year in IPR, CBM, and PGR

proceedings.


FY 2014 FY 2015 FY 2016*

8291,326

843

202

223

159

IPR - Number of Patent Owner Preliminary Responses by Fiscal Year

Filed Waived/Not Filed

FY 2014 FY 2015 FY 2016*

8291,326

843

202

223

159

IPR - Number of Patent Owner Preliminary Responses by Fiscal Year


FY 2014 FY 2015 FY 2016*

116154

58

18

12

3

CBM - Number of Patent Owner Preliminary Responses by Fiscal Year


FY 2014 FY 2015 FY 2016*

0

69

0

1

1

PGR - Number of Patent Owner Preliminary Responses by Fiscal Year


7

Narrative:This chart shows the percentage

of petitions instituted of all

decisions on petition, by

technology area.


0% 10% 20% 30% 40% 50% 60% 70% 80%

Biotechnology/Pharma (176 of 288 petitions)

Chemical (177 of 235 petitions)

Design (8 of 13 petitions)

Electrical/Computer (1527 of 2138 petitions)

Mechanical/Business Methods (689 of 952 petitions)

Percent of Petitions Instituted, by Technology

8

Narrative:These three sets of bar graphs show the number of decisions

on institution by fiscal year broken out by trials instituted

(including joinders) and trials denied in IPR, CBM, and PGR

proceedings. A trial that is instituted in part is counted as an

institution in these bar graphs.


FY 2014 FY 2015 FY 2016*

557801

610

15

116

49

193

426300

IPR - Number of Decisions On Institution Per Fiscal Year by Outcome

Instituted Joinders Denials

FY 2014 FY 2015 FY 2016*

91 91

29

110

6

30 4337

CBM - Number of Decisions On Institution Per Fiscal Year by Outcome


FY 2014 FY 2015 FY 2016*

03

7

0 0 2

PGR - Number of Decisions On Institution Per Fiscal Year by Outcome


9

Narrative:These three sets of bar graphs show settlements in AIA

trials broken down by settlements that occurred prior to

institution and settlements that occurred after institution

in IPR, CBM, and PGR proceedings.


FY 2014 FY 2015 FY 2016*

106

275

145

104

189

121

IPR - Settlements

Settled Before Institution Settled After Institution

FY 2014 FY 2015 FY 2016*

21

1410

6

32

11

CBM - Settlements


FY2014 FY 2015 FY 2016*

0

2

00 0 0

PGR - Settlements


10

Narrative:This graph shows a stepping stone

visual depicting the outcomes for

all IPR petitions filed to-date that

have reached a final disposition.


Disposition of IPR Petitions Completed to Date*

592Terminated

After Institution

Decision:

432Settled

18 Dismissed

142Request for

Adverse

Judgement

931Petitions

Denied

603Terminated

Before Institution

Decision:

546Settled

38Dismissed

19 Request for

Adverse

Judgement

988Trials Completed

(Reached Final

Written Decision)

704 TrialsAll Instituted Claims

Unpatentable (23% of

Total Petitions, 45%

of Trials Instituted,

71% of Final Written

Decisions)

142 TrialsSome Instituted

Claims Unpatentable

(5% of Total Petitions,

9% of Trials

Instituted, 14% of

Final Written

Decisions)

1534

Trials Not

Instituted

1580

Trials

Instituted

142 TrialsNo Instituted Claims

Unpatentable (5% of

Total Petitions, 9% of

Trials Instituted, 14%

of Final Written

Decisions)

3114Total

Petitions

11


70Terminated

After Institution

Decision:

48 Settled

8 Dismissed

13 Request for

Adverse

Judgement

113Petitions

Denied

50Terminated

Before Institution

Decision:

48 Settled

2 Dismissed

0 Request for

Adverse

Judgement

122Trials Completed

(Reached Final

Written Decision)


Unpatentable (27% of

Total Petitions, 50%

of Trials Instituted,

79% of Final Written

Decisions)


Claims Unpatentable


12% of Trials

Instituted, 19% of

Final Written

Decisions)

163

Trials Not

Instituted

192

Trials

Instituted


Unpatentable (1% of



of Final Written

Decisions)

355Total

Petitions

Disposition of CBM Petitions Completed to Date*



all CBM petitions filed to-date that


12


0Terminated

After Institution

Decision:

0 Settled

0 Dismissed

0 Request for

Adverse

Judgement

2Petitions

Denied

2Terminated

Before Institution

Decision:

2 Settled

0 Dismissed

0 Request for

Adverse

Judgement

0Trials Completed

(Reached Final

Written Decision)


Unpatentable (0% of



of Final Written

Decisions)


Claims Unpatentable


0% of Trials

Instituted, 0% of Final

Written Decisions)

4

Trials Not

Instituted

0

Trials

Instituted


Unpatentable (0% of



of Final Written

Decisions)

4Total

Petitions

Disposition of PGR Petitions Completed to Date*



all PGR petitions filed to-date that


13

Narrative:This visual contains four cylinders. The

first cylinder shows the total number of

claims available to be challenged in the

IPR petitions filed. The second cylinder

shows the number of claims actually

challenged and not challenged. The

third cylinder shows the number of

claims on which trial was instituted and

not instituted. The fourth cylinder

shows the total number claims found

unpatentable in a final written decision,

the number of claims canceled or

disclaimed by patent owner after

institution, the number of claims

remaining patentable (not subject to a

final written decision), and the number

of claims found patentable by the

PTAB.

Note: “Completed” petitions include

terminations (before or after a decision

on institution) due to settlement,

request for adverse judgment, or

dismissal; final written decisions; and

decisions denying institution.


102694

47364

2099110597

2322 Claims Found Patentable by PTAB in Final WrittenDecision

6109 Claims Remaining Patentable (Not Subject to FinalWritten Decision)

1963 Claims Cancelled or Disclaimed by Patent Owner

26373 Claims Challenged but Not Instituted

55330 Claims Not Challenged

IPR Petitions Terminated to Date*

Claims Challenged

Claims Instituted

Claims Found Unpatentable by PTAB in Final Written Decision

Total Number of Claims Available to be Challenged within 3114 Petitions

14

Narrative:This visual contains four cylinders. The

first cylinder shows the total number of

claims available to be challenged in the

CBM petitions filed. The second

cylinder shows the number of claims

actually challenged and not challenged.

The third cylinder shows the number of

claims on which trial was instituted and

not instituted. The fourth cylinder

shows the total number claims found

unpatentable in a final written decision,

the number of claims canceled or

disclaimed by patent owner after

institution, the number of claims

remaining patentable (not subject to a

final written decision), and the number

of claims found patentable by the

PTAB.

Note: “Completed” petitions include

terminations (before or after a decision

on institution) due to settlement,

request for adverse judgment, or

dismissal; final written decisions; and

decisions denying institution.


12659

6893

32051871

73 Claims Found Patentable by PTAB in Final WrittenDecision

960 Claims Remaining Patentable (Not Subject to FinalWritten Decision)

301 Claims Cancelled or Disclaimed by Patent Owner

3688 Claims Challenged but Not Instituted

5766 Claims Not Challenged

CBM Petitions Terminated to Date*

Claims Challenged

Claims Instituted


Total Number of Claims Available to be Challenged within 355 Petitions

15


Narrative:This chart shows claim outcomes

for instituted trials, by technology

area.

Note: Claims involved in instituted

trials that settle or are dismissed are

not depicted. Accordingly, a bar

may not add up to 100%.

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

Biotechnology/Pharma (1301 claims)

Chemical (1850 claims)

Design (5 claims)

Electrical/Computer (13954 claims)

Mechanical/Business Methods (7086 claims)

Trial Outcomes for Instituted Claims, by Technology


Claims Cancelled or Disclaimed by Patent Owner

Claims Found Patentable by PTAB in Final Written Decision

Patent Trial and Appeal Board Statistics PTAB… · *Data current as of: 5/31/2016 4538 90% 460 9%...

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Transcript of Patent Trial and Appeal Board Statistics PTAB… · *Data current as of: 5/31/2016 4538 90% 460 9%...