Trial StatisticsIPR, PGR, CBMPatent Trial and Appeal Board February 2018

IPR7,57392%

CBM5397%

PGR981%

8,210Total

3

Petitions by Trial Type (All Time: 9/16/12 to 2/28/18)

Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM).

Electrical/Computer40362%

Mechanical & Business Method

12018%

Chemical457%

Bio/Pharma85

13%

Design0

0%

653Total

4

Petitions Filed by Technology in FY18(FY18 to date: 10/1/17 to 2/28/18)

36

005

10

Feb-17 Feb-18CBM

(15 CBMs in FY18)

0 25 7

05

10

Feb-17 Feb-18PGR

(20 PGRs in FY18)

195

108

129 126136

100

125

150

175

200

Feb-17 Feb-18IPR

(618 IPRs in FY18)

5

Petitions Filed by Month (February 2018 and Previous 12 Months: 2/1/17 to 2/28/18)

NTE

NTE

NTENTE NTE

86% 84% 86% 85%

64%71%

85% 85% 83% 88%

49%62%

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 2/28/18)

The rule to allow new testimonial evidence was effective May 2, 2016.

191

664

1,012 1,011 955

403

29223

469 496 557

246

87%75%

68% 67% 63% 62%

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 2/28/18)

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% (1,073 of 1,553)

68% (2,492 of 3,638)

41% (17 of 41)

67% (277 of 416)

62% (377 of 608)

Mechanical &Business Method

Electrical/Computer

Design

Chemical

Bio/Pharma

8

Institution Rates by Technology(All Time: 9/16/12 to 2/28/18)

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

98

9%

12%

16%

14% 14% 13%

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 2/28/18)

18

110

212 194 187

72

90%

40%29% 22% 22% 21%

-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 2/28/18)

8,210

4,256

2,016

8161,030 77 31

2,000 393743

793 46 265

All Claims: 1,304 (65%)Some Claims: 323 (16%)

No Claim: 389 (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 2/28/18)

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.