JUST THE STATS:
CBM: SURVIVAL RATE OF INSTITUTED CLAIMS

Key Finding:

Prior to the Supreme Court’s decision in SAS, institution could 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 had a large impact on the ultimate outcome.