JUST THE STATS:
IPR: AVERAGE GROUNDS PROPOSED/ INSTITUTED PER INSTITUTED PETITION

Key Finding:

This chart shows the average number of grounds asserted per instituted IPR petition, as compared to the average number of grounds instituted. Prior to SAS, the PTAB often used partial institutions. There has been a noticeable decline in the average number of grounds asserted per petition over time, which may be a response to the PTAB’s rejection of conclusory arguments and redundant grounds, and/or the PTAB’s practice of partial institution. Post SAS, all grounds are expected to be instituted, which could cause a reversal in this trend.