JUST THE STATS:
IPR: BREAKDOWN OF UNPATENTABILITY FINDINGS IN FINAL DECISIONS RELATIVE TO CLAIMS CHALLENGED

Key Finding:

This chart presents the percentage of claims found unpatentable under Sections 102 and 103 for all IPR petitions that reached a final written decision or were substantively denied institution. The analysis includes decisions not to institute through 2016, and final decisions through 2017, which typically issue about a year apart. That differential avoids an improper skewing toward the outcomes of decisions not to institute. This analysis excludes claims cancelled by the patent owner. Petitioners still have a better chance of invalidating claims under Section 103 than Section 102. Also, the Section 102 success rate is not much higher than the corresponding rate in district court litigations (31.1%), while the success rate for Section 103 is much higher in IPR proceedings than in district courts (27.8%).