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

Key Finding:

This chart presents the percentage of claims found unpatentable under Sections 102 and 103 out of the claims for which trial was instituted in IPR proceedings that reached final written decisions. Some claims were invalidated under both grounds. We excluded cancelled claims for which the PTAB could not issue a ruling under Section 102 or 103. The higher rates show that the likelihood of a successful challenge jumps significantly once a trial is instituted.