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 IPR petitions that reached a final written decision or were substantively denied institution. The analysis includes decisions not to institute through 2014, and final decisions through 2015, which typically issue about a year apart. That differential avoids an improper skewing toward the outcomes of decisions to institute. This analysis excludes claims cancelled by the patent owner. While petitioners still have a better chance of invalidating claims under Section 103 than Section 102, since the inception of IPR practice we have observed a decline in the number of 102 challenges, yet a rise in the success rate. 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%).