JUST THE STATS:
PHARMA IPR: SURVIVAL RATE OF CHALLENGED CLAIMS

Key Finding: In pharmaceutical cases that reached final written decisions or were substantively denied institution, about 26% of claims that were originally challenged in the IPR petitions were cancelled or found unpatentable. This rate is about half that for overall IPR proceedings. This statistic accounts for challenged claims that were denied institution for substantive reasons, as opposed to procedural reasons. This analysis does not factor in challenges that did not reach a decision on the merits because of settlement, or redundancies (which were deemed immaterial).