JUST THE STATS:
IPR: STATISTICS ON REMAND DECISIONS

Key Finding:

This chart shows the number of claims found newly unpatentable, newly patentable, or unchanged in new PTAB decisions after remand from the Federal Circuit. To date, the PTAB’s rulings have gone largely unchanged following remands in which the Federal Circuit instructs the PTAB to reconsider original decisions (e.g., to use a different claim construction).  While some claims have been found newly patentable, very few claims have been found newly unpatentable after a remand.