JUST THE STATS:
CBM: SURVIVAL RATE OF INSTITUTED CLAIMS

Key Finding: Institution of a trial may be based on all of the challenged claims or some subset of claims. This chart shows the survival rate of instituted claims in CBM proceedings that reached a final written decision (as compared to prior charts that show the survival rates relative to claims originally challenged, some of which were not instituted). Trial is instituted on a claim if the PTAB believes that “it is more likely than not that” the claim is unpatentable or cancelled. This initial institution has a large impact on the ultimate outcome.