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Trial StatisticsIPR, PGR, CBMPatent Trial and Appeal Board December 2017
IPR7,31192%
CBM5337%
PGR861%
7,930 Total
3
Petitions by Trial Type (All Time: 9/16/12 to 12/31/17)
Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM).
Electrical/Computer21658%
Mechanical & Business Method
7219%
Chemical226%
Bio/Pharma63
17%
Design0
0%
373 Total
4
Petitions Filed by Technology in FY18(FY18 to date: 10/1/17 to 12/31/17)
10
05
1 3
05
10
Dec-16 Dec-17CBM
(9 CBMs in FY18)
0
74 2 2
05
10
Dec-16 Dec-17PGR
(8 PGRs in FY18)
237
119108
129
100125150175200225250
Dec-16 Dec-17IPR
(356 IPRs in FY18)
5
Petitions Filed by Month (December 2017 and Previous 12 Months: 12/1/16 to 12/31/17)
NTE
NTE
NTENTE NTE
86% 83% 86% 87%
64%71%
85% 85% 83% 88%
50%63%
35% 39% 36%
Pre Post Pre Post Pre Post Pre Post Pre Post
Bio/Pharma Chemical Design Electrical/Computer Mechanical &Business Method
6
Preliminary Response Filing RatesPre- and Post-Rule To Allow New Testimonial Evidence (NTE)(All Time: 9/16/12 to 12/31/17)
The rule to allow new testimonial evidence was effective May 2, 2016.
191
664
1,012 1,011 955
25029
223
469 496 557
176
87%75%
68% 67% 63% 59%
0
200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY13 FY14 FY15 FY16
Instituted Denied
7
FY17
Institution Rates(FY13 to FY18: 10/1/12 to 12/31/17)
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
69% (1,031 of 1,494)
69% (2,410 of 3,515)
41% (17 of 41)
66% (267 of 403)
62% (358 of 580)
Mechanical &Business Method
Electrical/Computer
Design
Chemical
Bio/Pharma
8
Institution Rates by Technology(All Time: 9/16/12 to 12/31/17)
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.
23
127
291242 249
42
9%
12%
16%
14% 14%
9%
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
FY13 FY14 FY15 FY16 FY17 FY18
9
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.
Settlements
Settlement Rate
Pre-Institution Settlements(FY13 to FY18: 10/1/12 to 12/31/17)
18
110
212 194 187
33
90%
40%29% 22% 22% 17%
-75%
-55%
-35%
-15%
5%
25%
45%
65%
85%
FY13 FY14 FY15 FY16 FY17 FY18
10
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.
Settlements
Settlement Rate
Post-Institution Settlements(FY13 to FY18: 10/1/12 to 12/31/17)
7,930
4,103
1,912
819975 72 31
1,930 386757
754 38 256
All Claims: 1,243 (65%)Some Claims: 305 (16%)
No Claim: 364 (19%)
Petit
ions
Ope
n Pr
e-In
stitu
tion
Sett
led
Dis
miss
ed
Req.
Adv
.Ju
dgm
ent
Den
ied
Inst
itute
d
Join
ed
Ope
n Po
st-
Inst
itutio
n
Sett
led
Dis
miss
ed
Req.
Adv
.Ju
dgm
ent
Fina
l Writ
.D
ecisi
ons
Instituted Claims Unpatentable
11
Status of Petitions(All Time: 9/16/12 to 12/31/17)
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.
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