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LegalMetric Inter Partes Review APJ Report
Administrative Patent Judge ObermannSeptember 2016
This report contains confidential and proprietary information of LegalMetric, Inc. Use of this information by
anyone other than the purchaser or, if the purchaser is a law firm, the purchaser's client, or disclosure of this
information to persons other than the purchaser or, if the purchaser is a law firm, the purchaser's client, without
the consent of LegalMetric, Inc. is prohibited.
The information contained in this report is obtained from the official docket records of the federal courts. No
attempt has been made to correct that data. For example, cases may be misclassified in the official docket
records. In addition, cases are classified only by the primary cause of action. Cases having multiple causes of
action are analyzed only under the primary cause of action identitied on the official court docket.
LegalMetric, Inc. is not a law firm, does not provide legal advice, and is not engaged in the practice of law. No
attorney-client relationship exists between LegalMetric, Inc. and any user of its products. LegalMetric provides
statistical and analytical information to anyone who desires to purchase that information. Any purchaser of
LegalMetric products who wants legal advice should hire an attorney.
1
Summary: The records of Inter Partes Reviews (IPRs) were reviewed to determine the success rate
of these reviews (both in terms of institution and final decisions) for those proceedings in which ALJ
Obermann participated in the institution decision and/or the final written decision. This data was
further broken down by technology (Tech Center), number of claims, and year. The institution and
patentability rates by patent are shown in the chart below. Rates by claim, and other metrics, follow.
This report for ALJ Obermann includes 160 IPRs, in which 57 final decisions have been rendered.
0
20
40
60
80
100
Perce
nt In
stitu
ted
Paten
t Rem
ains
Unc
hang
ed
Paten
t Ret
ains
at L
east S
ome
Valid C
laim
s
Proce
eding
Institu
ted,
Pat
ent R
emains
Unc
hang
ed
Proce
eding
Institu
ted,
Pat
ent R
etains
at
Leas
t Som
e Val
id C
laim
s
83.5
59.565.5
42.149.1
Petition Rates
Patentability Rates: The chart above illustrates the probabilities of a patent successfully surviving an
Inter Partes Review filing. For all filings (includes filings which did not result in the institution of a
review, filings which were settled, and filings which proceeded to a final decision), the patent
remained unchanged 59.5% of the time. Note that the institution of a review reduces that figure
significantly--to 42.1%. The chart above also shows the rate at which at least some claims survive
the filing of an IPR petition. For all filings, the rate at which at least some claims survive is 65.5%.
For those cases where the IPR is actually instituted, the "at least some claims survive" rate is 49.1%.
2
0
20
40
60
80
100
1 2 3 4 5 6 7 8 9 10 11 12
2013201420152016
Month
% In
sti
tute
d
Institution Rates by Year and Month of DecisionInstitution Rates by
Month and Year:
Trends in institution
rates (percentage of
proceedings
instituted) can be
seen in the chart to
the left, where each
year has its own line.
0
20
40
60
80
100
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 37 41 42 47 48 49 52 53 57 72
Percentage InitiatedNumber Instituted
Number of Claims Challenged
Institution Rate, by Number of Claims Challenged
Institution Rate, by Number of Claims Challenged: For those proceedings in which a decision
on the institution of the review is issued, the percentage of claims for which the review is initiated
varies generally between 60% and 80% of the claims challenged (see chart above and table
below). The chart above also shows the number of proceedings for each specific number of
claims challenged. Note that for any single ALJ the number of proceedings instituted is quite
small for each particular number of claims challenged, which results in a great deal of "jitter" in the
corresponding "percentage initiated" line.
Percentage of Claims for Which Review is Initiated Number of Proceedings
1 0.0 2
2 33.3 6
3 8.3 4
4 25.0 1
5 60.0 6
6 40.0 5
7 33.3 4
3
Percentage of Claims for Which Review is Initiated Number of Proceedings
8 33.3 5
9 48.9 6
10 50.0 4
11 84.3 11
12 54.8 8
13 71.2 8
14 100.0 2
15 76.0 5
16 33.3 3
17 70.6 7
18 59.3 4
19 70.7 7
20 66.7 3
21 25.4 6
22 68.8 10
23 33.3 3
24 100.0 3
25 60.0 1
26 0.0 1
27 89.8 4
29 86.2 1
30 82.3 10
31 29.0 2
32 100.0 3
33 66.7 1
34 100.0 1
37 91.9 1
41 1
42 50.0 1
47 100.0 2
48 100.0 1
49 0.0 1
52 100.0 1
53 26.4 3
4
Percentage of Claims for Which Review is Initiated Number of Proceedings
57 96.5 1
72 1
5
0
20
40
60
80
100
1 2 3 4 5 6 7 8 9 10 11 12
2013201420152016
Month of Decision
% o
f P
roc
ee
din
gs
Proceedings with All Claims UnpatentableAll Claims Unpatentable:
The fraction of
proceedings where all
claims are found
unpatentable is shown (by
year and month) in the
chart to the right. Note
that a decision not to
institute an IPR is
considered to be a
patentability holding for
this purpose. Note that
the percentage of
proceedings with a "final
written decision" of
unpatentability is a
different number, which is
discussed in a later
section.
0
20
40
60
80
100
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 37 41 42 47 48 49 52 53 57 72
Percentage ofChallenged ClaimsCanceled
Proceedings Instituted
Percentage ofChallenged ClaimsUpheld
Number of Claims Challenged
Patentability Rates, by Number of Claims Challenged
Patentability Rates, by Number of Claims Challenged: For those proceedings in which a
decision on the institution of the review is issued, the percentage of claims held unpatentable
(canceled) is generally around 20% of the claims challenged while the percentage of challenged
claims which are not held unpatentable (either original claims or amended) is around 80% (see
chart above and table below). The chart above also shows the number of proceedings for each
specific number of claims challenged. Note that the number of proceedings with more than 30
claims challenged is quite small, which results in a great deal of "jitter" in the "canceled" and
"upheld" lines.
Percentage of Claims Upheld Percentage of Challenged Claims Canceled
1 100.0 0.0
2 0.0 100.0
3 100.0 0.0
6
Percentage of Claims Upheld Percentage of Challenged Claims Canceled
4 75.0 25.0
5 0.0 100.0
6 100.0 0.0
7 100.0 0.0
8 100.0 0.0
9 37.0 63.0
10 66.7 33.3
11 72.7 27.3
12 100.0 0.0
13 80.8 19.2
14 100.0 0.0
15 42.2 57.8
16 0.0 100.0
17 55.9 44.1
18 100.0 0.0
19 75.0 25.0
20 100.0 0.0
21 100.0 0.0
22 90.0 10.0
23 88.4 11.6
24 0.0 100.0
25 40.0 60.0
27 100.0 0.0
29 13.8 86.2
30 82.4 17.6
31 41.9 58.1
32 0.0 100.0
33 33.3 66.7
34 44.1 55.9
37 8.1 91.9
42 50.0 50.0
47 100.0 0.0
52 84.6 15.4
53 60.4 39.6
7
Percentage of Claims Upheld Percentage of Challenged Claims Canceled
72 100.0 0.0
0 20 40 60 80 100
1500
1600
1700
2100
2800
3600
3700
3900
0.0
18.5
48.2
0.0
6.4
50.0
87.2
0.0
Tech
Cen
ter
Percentage of Claims
Percentage of Challenged Claims Which areCanceled
by Tech Center
Percentage of Challenged
Claims Canceled, by Tech
Center: The fraction of
challenged claims which
are canceled is shown in
the chart to the left. Note
that a decision not to
institute an IPR is
considered to be a
patentability holding for this
purpose. Note that not all
Tech Centers have
challenged claims which
are canceled.
8
0
20
40
60
80
100
1 2 3 4 5 6 7 8 9 10 11
201420152016
Month of Final Decision
% o
f P
roc
ee
din
gs
Final Written Decisions with All Claims Unpatentable All Claims Unpatentable in
Final Written Decision: In
those cases that proceed to a
final written decision, the
probability of a finding of
unpatentability of all claims is
quite high. The variation in
this rate is shown in the chart
to the left.
0
20
40
60
80
100
0 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 30 32 34 42 47 48 52 55
Number of Final WrittenDecisions
Percentage of ClaimsUpheldPercentage of ClaimsCanceled
Number of Claims At Issue
Patentability Rates, by Number of Claims at Issue
Patentability Rates, by Number of Claims at Issue: For those proceedings in which a final
written decision on patentability is issued, the percentage of claims held unpatentable
(canceled) is generally around 80% of the claims at issue while the percentage of challenged
claims which are not held unpatentable (either original claims or amended) is around 20% (see
chart above and table below). The chart above also shows the number of proceedings with a final
written decision for each specific number of claims challenged. Note that the number of such
proceedings is quite small for each number of claims at issue, which results in a great deal of
"jitter" in the chart.
Number of Final Written Decisions Upheld Patentability Canceled
1 1 0.0 100.0
2 1 0.0 100.0
5 2 0.0 100.0
6 1 100.0 0.0
7 3 33.3 66.7
8 1 0.0 100.0
9
Number of Final Written Decisions Upheld Patentability Canceled
9 2 50.0 50.0
10 3 33.3 66.7
11 4 50.0 50.0
12 2 50.0 50.0
13 3 66.7 33.3
14 3 100.0 0.0
15 2 3.3 96.7
16 1 0.0 100.0
17 1 0.0 100.0
18 2 50.0 50.0
19 3 66.7 33.3
20 1 100.0 0.0
21 1 0.0 100.0
22 4 75.0 25.0
23 1 65.2 34.8
24 1 0.0 100.0
25 1 0.0 100.0
27 1 100.0 0.0
30 5 80.0 20.0
32 3 0.0 100.0
34 2 10.4 89.6
42 1 0.0 100.0
52 1 84.6 15.4
10
0 20 40 60 80 100
1500
1600
1700
2100
2800
3600
3700
3900
0.0
38.9
87.2
8.9
100.0
100.0
Te
ch
Ce
nte
r
Percentage of Claims
Percentage of Claims Which are Canceled in FinalWritten Decision
Claims Canceled in
Final Written
Decision: The fraction
of claims found
unpatentable is shown
(by Tech Center) in the
chart to the right.
11
Time from Filing to Institution Decision: The time from petition filing to institution decision
(initiation) varies slightly from Tech Center to Tech Center (see second chart below). But whether
the petition was granted or denied has little effect on the time to decision (see first chart below).
This time has remained fairly stable for at least one year.
0
1
2
3
4
5
6
All Decisions Granted Initiation Denied Initiation
5.9 5.9
5.6M
on
ths
fro
m F
ilin
g
Time from Filing to Institution Decision
0
1
2
3
4
5
6
7
15001600
17002100
28003600
37003900
6.4
5.7
6.25.8 5.8
6.1 6.1
4.1
Mo
nth
s f
rom
Fil
ing
Time from Filing to Institution Decisionby Tech Center
0
1
2
3
4
5
6
7
8
1 2 3 4 5 6 7 8 9 10 11 12
2013201420152016
Mo
nth
s f
rom
Filin
g
Time to Decision on Institutionby Year and Month
12
Time from Institution to Final Decision: The time from institution decision to final written
decision is around 11 months. Whether the decision is in favor of patentability or not has little
effect on the time to final written decision. There is some variation by Tech Center, however (see
charts below). Note that not all Tech Centers have final written decisions on at least one
proceeding. The variation from month to month is shown in the chart at the bottom of the page.
0
2
4
6
8
10
12
All Cases Patentable at Least in Part Unpatentable
10.9
11.6
10.1
Mo
nth
s f
rom
In
sti
tuti
on
Time from Institution to Final Decision
0
2
4
6
8
10
12
15001600
17002100
28003600
37003900
11.911.3
10.511.2
4.0
10.8
Mo
nth
s f
rom
In
sti
tuti
on
Time from Institution to Final Decisionby Tech Center
0
2
4
6
8
10
12
1 2 3 4 5 6 7 8 9 10 11
201420152016
Month
Mo
nth
s f
rom
In
sti
tuti
on
Time to Institution to Final Decisionby Year and Month
13
IPR Filings: The number of new IPR case filings by month and year is shown in the chart below.
0
2
4
6
8
10
12
14
16
1 2 3 4 5 6 7 8 9 10 11 12
20122013201420152016
Month
Nu
mb
er
of
IPR
Filin
gs
IPR Filings, by Month and Year
IPR Filings by Tech Center: The number of new IPR case filings by Tech Center is shown in the
chart below.
11500
541600
521700
32100
292800
23600
183700
13900
Filings by Tech Center
14
IPRs Instituted: The number of IPRs instituted by month and year is shown in the chart below.
The second chart shows the number instituted by Tech Center.
0
2
4
6
8
10
1 2 3 4 5 6 7 8 9 10 11 12
2013201420152016
Month
Nu
mb
er
of
IPR
s In
sti
tute
d
IPRs Instituted, by Month and Year
0 20 40 60 80 100
1500
1600
1700
2100
2800
3600
3700
3900
100.0
64.8
52.0
0.0
82.9
25.0
54.0
0.0
Tech
Cen
ter
Percentage of Claims
Percentage of Challenged Claims for WhichProceedings Are Instituted
15
Final Written Decisions: The number of final written decisions by month and year, if any, is
shown in the chart below. The second chart shows the number of decisions, if any, by Tech
Center.
0
2
4
6
8
10
1 2 3 4 5 6 7 8 9 10 11
201420152016
Month
Nu
mb
er
of
IPR
s In
sti
tute
d
Final Written Decisions, by Month and Year
0 4 8 12 16 20
1500
1600
1700
2100
2800
3600
3700
3900
1
18
15
0
13
1
9
0
Te
ch
Ce
nte
r
Number of Decisions
Number of Final Decisions, by Tech Center
16
Tech Center 1500
Overview: The institution rates, rates at which patents remain unchanged after institution decision
and (if any) final decision, rates at which at least some claims survive IPR, rates at which patents for
which a decision granting institution survive the IPR unscathed, and rates at which patents survive at
least in part the IPR are shown in the chart below. Note that all these rates include proceedings
where the institution of an IPR was denied. Note as well that not all Tech Centers have proceedings
where the IPR was instituted. These are shown in the chart as blank (if applicable).
0
20
40
60
80
100
Perce
nt In
stitu
ted
Paten
t Rem
ains
Unc
hang
ed
Paten
t Ret
ains
at L
east S
ome
Valid C
laim
s
Proce
eding
Institu
ted,
Pat
ent R
emains
Unc
hang
ed
Proce
eding
Institu
ted,
Pat
ent R
etains
at
Leas
t Som
e Val
id C
laim
s
100.0 100.0 100.0 100.0 100.0
Petition RatesFor Tech Center 1500
0
20
40
60
80
100
8
2015
Month
% In
sti
tute
d
Institution Rates by Year and Month of DecisionFor Tech Center 1500
Institution Rates by
Month and Year: The
rates at which IPRs
are instituted is shown
in the chart to the left,
by month and year.
Note that many Tech
Centers have very few
institution decisions.
17
All Claims Unpatentable:
The fraction of
proceedings where all
claims are found
unpatentable is shown (by
year and month) in the
chart to the right. Note that
a decision not to institute an
IPR is considered to be a
validity holding for this
purpose. Note that the
percentage of proceedings
with a "final written
decision" of unpatentability
is a different number, which
is discussed in a later
section.
-6
-4
-2
0
2
4
6
8
2016
Month of Decision
% o
f P
roc
ee
din
gs
Proceedings with All Claims UnpatentableFor Tech Center 1500
-6
-4
-2
0
2
4
6
8
2016
Month of Final Decision
% o
f P
roc
ee
din
gs
Final Written Decisions with All Claims UnpatentableFor Tech Center 1500
All Claims Unpatentable in
Final Written Decision: In
those cases that proceed to a
final written decision, the
probability of a finding of
unpatentability of all claims is
quite high. Note that some
Tech Centers have no final
written decisions.
18
Time from Filing to Institution and from Institution to Final Decision: The time from filing to
institution decision and from institution decision to final written decision (if any) is shown in the
chart below.
0
2
4
6
8
10
12
Filing to Initiation Initiation to Final Decision
6.4
11.9
Mo
nth
sTime from Filing to Institution and to Final Decision
For Tech Center 1500
Number of Filings, Institution Decisions, and Final Written Decisions: The numbers of IPR
filings, institution decisions and final written decisions (if any) for this Tech Center are shown in
the chart below.
0
0.2
0.4
0.6
0.8
1
Filings Institution Decisions Final Decisions
1 1 1
Nu
mb
er
Filings, Institution Decisions, and Final DecisionsFor Tech Center 1500
19
Tech Center 1600
Overview: The institution rates, rates at which patents remain unchanged after institution decision
and (if any) final decision, rates at which at least some claims survive IPR, rates at which patents for
which a decision granting institution survive the IPR unscathed, and rates at which patents survive at
least in part the IPR are shown in the chart below. Note that all these rates include proceedings
where the institution of an IPR was denied. Note as well that not all Tech Centers have proceedings
where the IPR was instituted. These are shown in the chart as blank (if applicable).
0102030405060708090
Perce
nt In
stitu
ted
Paten
t Rem
ains
Unc
hang
ed
Paten
t Ret
ains
at L
east S
ome
Valid C
laim
s
Proce
eding
Institu
ted,
Pat
ent R
emains
Unc
hang
ed
Proce
eding
Institu
ted,
Pat
ent R
etains
at
Leas
t Som
e Val
id C
laim
s
80.471.4 75.0
61.1 61.1
Petition RatesFor Tech Center 1600
0
20
40
60
80
100
1 2 3 4 5 6 7 8 9 10 11
201420152016
Month
% In
sti
tute
d
Institution Rates by Year and Month of DecisionFor Tech Center 1600
Institution Rates by
Month and Year: The
rates at which IPRs
are instituted is shown
in the chart to the left,
by month and year.
Note that many Tech
Centers have very few
institution decisions.
20
All Claims Unpatentable:
The fraction of
proceedings where all
claims are found
unpatentable is shown (by
year and month) in the
chart to the right. Note that
a decision not to institute an
IPR is considered to be a
validity holding for this
purpose. Note that the
percentage of proceedings
with a "final written
decision" of unpatentability
is a different number, which
is discussed in a later
section.
0
20
40
60
80
100
1 2 3 4 7 9 10 11
201420152016
Month of Decision
% o
f P
roc
ee
din
gs
Proceedings with All Claims UnpatentableFor Tech Center 1600
0
20
40
60
80
100
1 2 4 7 9 11
20152016
Month of Final Decision
% o
f P
roc
ee
din
gs
Final Written Decisions with All Claims UnpatentableFor Tech Center 1600
All Claims Unpatentable in
Final Written Decision: In
those cases that proceed to a
final written decision, the
probability of a finding of
unpatentability of all claims is
quite high. Note that some
Tech Centers have no final
written decisions.
21
Time from Filing to Institution and from Institution to Final Decision: The time from filing to
institution decision and from institution decision to final written decision (if any) is shown in the
chart below.
0
2
4
6
8
10
12
Filing to Initiation Initiation to Final Decision
5.7
11.3
Mo
nth
sTime from Filing to Institution and to Final Decision
For Tech Center 1600
Number of Filings, Institution Decisions, and Final Written Decisions: The numbers of IPR
filings, institution decisions and final written decisions (if any) for this Tech Center are shown in
the chart below.
0
10
20
30
40
50
60
Filings Institution Decisions Final Decisions
54 54
18
Nu
mb
er
Filings, Institution Decisions, and Final DecisionsFor Tech Center 1600
22
Tech Center 1700
Overview: The institution rates, rates at which patents remain unchanged after institution decision
and (if any) final decision, rates at which at least some claims survive IPR, rates at which patents for
which a decision granting institution survive the IPR unscathed, and rates at which patents survive at
least in part the IPR are shown in the chart below. Note that all these rates include proceedings
where the institution of an IPR was denied. Note as well that not all Tech Centers have proceedings
where the IPR was instituted. These are shown in the chart as blank (if applicable).
0
20
40
60
80
100
Perce
nt In
stitu
ted
Paten
t Rem
ains
Unc
hang
ed
Paten
t Ret
ains
at L
east S
ome
Valid C
laim
s
Proce
eding
Institu
ted,
Pat
ent R
emains
Unc
hang
ed
Proce
eding
Institu
ted,
Pat
ent R
etains
at
Leas
t Som
e Val
id C
laim
s
85.7
39.1
52.2
6.7
26.7
Petition RatesFor Tech Center 1700
0
20
40
60
80
100
1 2 4 5 6 7 8 9 10 11 12
2013201420152016
Month
% In
sti
tute
d
Institution Rates by Year and Month of DecisionFor Tech Center 1700
Institution Rates by
Month and Year: The
rates at which IPRs
are instituted is shown
in the chart to the left,
by month and year.
Note that many Tech
Centers have very few
institution decisions.
23
All Claims Unpatentable:
The fraction of
proceedings where all
claims are found
unpatentable is shown (by
year and month) in the
chart to the right. Note that
a decision not to institute an
IPR is considered to be a
validity holding for this
purpose. Note that the
percentage of proceedings
with a "final written
decision" of unpatentability
is a different number, which
is discussed in a later
section.
0
20
40
60
80
100
1 2 3 4 5 6 7
201420152016
Month of Decision
% o
f P
roc
ee
din
gs
Proceedings with All Claims UnpatentableFor Tech Center 1700
0
20
40
60
80
100
1 2 3 4 5 6 7
201420152016
Month of Final Decision
% o
f P
roc
ee
din
gs
Final Written Decisions with All Claims UnpatentableFor Tech Center 1700
All Claims Unpatentable in
Final Written Decision: In
those cases that proceed to a
final written decision, the
probability of a finding of
unpatentability of all claims is
quite high. Note that some
Tech Centers have no final
written decisions.
24
Time from Filing to Institution and from Institution to Final Decision: The time from filing to
institution decision and from institution decision to final written decision (if any) is shown in the
chart below.
0
2
4
6
8
10
12
Filing to Initiation Initiation to Final Decision
6.2
10.5
Mo
nth
sTime from Filing to Institution and to Final Decision
For Tech Center 1700
Number of Filings, Institution Decisions, and Final Written Decisions: The numbers of IPR
filings, institution decisions and final written decisions (if any) for this Tech Center are shown in
the chart below.
0
10
20
30
40
50
60
Filings Institution Decisions Final Decisions
51 52
15
Nu
mb
er
Filings, Institution Decisions, and Final DecisionsFor Tech Center 1700
25
Tech Center 2100
Overview: The institution rates, rates at which patents remain unchanged after institution decision
and (if any) final decision, rates at which at least some claims survive IPR, rates at which patents for
which a decision granting institution survive the IPR unscathed, and rates at which patents survive at
least in part the IPR are shown in the chart below. Note that all these rates include proceedings
where the institution of an IPR was denied. Note as well that not all Tech Centers have proceedings
where the IPR was instituted. These are shown in the chart as blank (if applicable).
0
20
40
60
80
100
Perce
nt In
stitu
ted
Paten
t Rem
ains
Unc
hang
ed
Paten
t Ret
ains
at L
east S
ome
Valid C
laim
s
Proce
eding
Institu
ted,
Pat
ent R
emains
Unc
hang
ed
Proce
eding
Institu
ted,
Pat
ent R
etains
at
Leas
t Som
e Val
id C
laim
s
0.0
100.0 100.0
Petition RatesFor Tech Center 2100
-6
-4
-2
0
2
4
6
2 5
2015
Month
% In
sti
tute
d
Institution Rates by Year and Month of DecisionFor Tech Center 2100
Institution Rates by
Month and Year: The
rates at which IPRs
are instituted is shown
in the chart to the left,
by month and year.
Note that many Tech
Centers have very few
institution decisions.
26
All Claims Unpatentable:
The fraction of
proceedings where all
claims are found
unpatentable is shown (by
year and month) in the
chart to the right. Note that
a decision not to institute an
IPR is considered to be a
validity holding for this
purpose. Note that the
percentage of proceedings
with a "final written
decision" of unpatentability
is a different number, which
is discussed in a later
section.
-6
-4
-2
0
2
4
6
2 5
2015
Month of Decision
% o
f P
roc
ee
din
gs
Proceedings with All Claims UnpatentableFor Tech Center 2100
-6
-4
-2
0
2
4
6
Month of Final Decision
% o
f P
roc
ee
din
gs
Final Written Decisions with All Claims UnpatentableFor Tech Center 2100
All Claims Unpatentable in
Final Written Decision: In
those cases that proceed to a
final written decision, the
probability of a finding of
unpatentability of all claims is
quite high. Note that some
Tech Centers have no final
written decisions.
27
Time from Filing to Institution and from Institution to Final Decision: The time from filing to
institution decision and from institution decision to final written decision (if any) is shown in the
chart below.
0
1
2
3
4
5
6
Filing to Initiation Initiation to Final Decision
5.8
Mo
nth
sTime from Filing to Institution and to Final Decision
For Tech Center 2100
Number of Filings, Institution Decisions, and Final Written Decisions: The numbers of IPR
filings, institution decisions and final written decisions (if any) for this Tech Center are shown in
the chart below.
0
0.4
0.8
1.2
1.6
2
2.4
2.8
3.2
Filings Institution Decisions Final Decisions
3 3
0
Nu
mb
er
Filings, Institution Decisions, and Final DecisionsFor Tech Center 2100
28
Tech Center 2800
Overview: The institution rates, rates at which patents remain unchanged after institution decision
and (if any) final decision, rates at which at least some claims survive IPR, rates at which patents for
which a decision granting institution survive the IPR unscathed, and rates at which patents survive at
least in part the IPR are shown in the chart below. Note that all these rates include proceedings
where the institution of an IPR was denied. Note as well that not all Tech Centers have proceedings
where the IPR was instituted. These are shown in the chart as blank (if applicable).
0
20
40
60
80
100
Perce
nt In
stitu
ted
Paten
t Rem
ains
Unc
hang
ed
Paten
t Ret
ains
at L
east S
ome
Valid C
laim
s
Proce
eding
Institu
ted,
Pat
ent R
emains
Unc
hang
ed
Proce
eding
Institu
ted,
Pat
ent R
etains
at
Leas
t Som
e Val
id C
laim
s
91.7 88.994.4
84.692.3
Petition RatesFor Tech Center 2800
0
20
40
60
80
100
1 2 4 5 6 7 11 12
2013201420152016
Month
% In
sti
tute
d
Institution Rates by Year and Month of DecisionFor Tech Center 2800
Institution Rates by
Month and Year: The
rates at which IPRs
are instituted is shown
in the chart to the left,
by month and year.
Note that many Tech
Centers have very few
institution decisions.
29
All Claims Unpatentable:
The fraction of
proceedings where all
claims are found
unpatentable is shown (by
year and month) in the
chart to the right. Note that
a decision not to institute an
IPR is considered to be a
validity holding for this
purpose. Note that the
percentage of proceedings
with a "final written
decision" of unpatentability
is a different number, which
is discussed in a later
section.
0
20
40
60
80
100
5 7 8 11 12
2013201420152016
Month of Decision
% o
f P
roc
ee
din
gs
Proceedings with All Claims UnpatentableFor Tech Center 2800
0
20
40
60
80
100
5 7 8 11
201420152016
Month of Final Decision
% o
f P
roc
ee
din
gs
Final Written Decisions with All Claims UnpatentableFor Tech Center 2800
All Claims Unpatentable in
Final Written Decision: In
those cases that proceed to a
final written decision, the
probability of a finding of
unpatentability of all claims is
quite high. Note that some
Tech Centers have no final
written decisions.
30
Time from Filing to Institution and from Institution to Final Decision: The time from filing to
institution decision and from institution decision to final written decision (if any) is shown in the
chart below.
0
2
4
6
8
10
12
Filing to Initiation Initiation to Final Decision
5.8
11.2
Mo
nth
sTime from Filing to Institution and to Final Decision
For Tech Center 2800
Number of Filings, Institution Decisions, and Final Written Decisions: The numbers of IPR
filings, institution decisions and final written decisions (if any) for this Tech Center are shown in
the chart below.
0
4
8
12
16
20
24
28
32
Filings Institution Decisions Final Decisions
29 29
13Nu
mb
er
Filings, Institution Decisions, and Final DecisionsFor Tech Center 2800
31
Tech Center 3600
Overview: The institution rates, rates at which patents remain unchanged after institution decision
and (if any) final decision, rates at which at least some claims survive IPR, rates at which patents for
which a decision granting institution survive the IPR unscathed, and rates at which patents survive at
least in part the IPR are shown in the chart below. Note that all these rates include proceedings
where the institution of an IPR was denied. Note as well that not all Tech Centers have proceedings
where the IPR was instituted. These are shown in the chart as blank (if applicable).
0
20
40
60
80
100
Perce
nt In
stitu
ted
Paten
t Rem
ains
Unc
hang
ed
Paten
t Ret
ains
at L
east S
ome
Valid C
laim
s
Proce
eding
Institu
ted,
Pat
ent R
emains
Unc
hang
ed
Proce
eding
Institu
ted,
Pat
ent R
etains
at
Leas
t Som
e Val
id C
laim
s
100.0
0.0 0.0 0.0 0.0
Petition RatesFor Tech Center 3600
0
20
40
60
80
100
2
2016
Month
% In
sti
tute
d
Institution Rates by Year and Month of DecisionFor Tech Center 3600
Institution Rates by
Month and Year: The
rates at which IPRs
are instituted is shown
in the chart to the left,
by month and year.
Note that many Tech
Centers have very few
institution decisions.
32
All Claims Unpatentable:
The fraction of
proceedings where all
claims are found
unpatentable is shown (by
year and month) in the
chart to the right. Note that
a decision not to institute an
IPR is considered to be a
validity holding for this
purpose. Note that the
percentage of proceedings
with a "final written
decision" of unpatentability
is a different number, which
is discussed in a later
section.
0
20
40
60
80
100
6
2016
Month of Decision
% o
f P
roc
ee
din
gs
Proceedings with All Claims UnpatentableFor Tech Center 3600
0
20
40
60
80
100
6
2016
Month of Final Decision
% o
f P
roc
ee
din
gs
Final Written Decisions with All Claims UnpatentableFor Tech Center 3600
All Claims Unpatentable in
Final Written Decision: In
those cases that proceed to a
final written decision, the
probability of a finding of
unpatentability of all claims is
quite high. Note that some
Tech Centers have no final
written decisions.
33
Time from Filing to Institution and from Institution to Final Decision: The time from filing to
institution decision and from institution decision to final written decision (if any) is shown in the
chart below.
0
1
2
3
4
5
6
7
Filing to Initiation Initiation to Final Decision
6.1
4.0
Mo
nth
sTime from Filing to Institution and to Final Decision
For Tech Center 3600
Number of Filings, Institution Decisions, and Final Written Decisions: The numbers of IPR
filings, institution decisions and final written decisions (if any) for this Tech Center are shown in
the chart below.
0
0.4
0.8
1.2
1.6
2
Filings Institution Decisions Final Decisions
2 2
1
Nu
mb
er
Filings, Institution Decisions, and Final DecisionsFor Tech Center 3600
34
Tech Center 3700
Overview: The institution rates, rates at which patents remain unchanged after institution decision
and (if any) final decision, rates at which at least some claims survive IPR, rates at which patents for
which a decision granting institution survive the IPR unscathed, and rates at which patents survive at
least in part the IPR are shown in the chart below. Note that all these rates include proceedings
where the institution of an IPR was denied. Note as well that not all Tech Centers have proceedings
where the IPR was instituted. These are shown in the chart as blank (if applicable).
0
20
40
60
80
100
Perce
nt In
stitu
ted
Paten
t Rem
ains
Unc
hang
ed
Paten
t Ret
ains
at L
east S
ome
Valid C
laim
s
Proce
eding
Institu
ted,
Pat
ent R
emains
Unc
hang
ed
Proce
eding
Institu
ted,
Pat
ent R
etains
at
Leas
t Som
e Val
id C
laim
s
100.0
0.0 0.0 0.0 0.0
Petition RatesFor Tech Center 3700
0
20
40
60
80
100
1 2 3 4 5 8 10 11
201420152016
Month
% In
sti
tute
d
Institution Rates by Year and Month of DecisionFor Tech Center 3700
Institution Rates by
Month and Year: The
rates at which IPRs
are instituted is shown
in the chart to the left,
by month and year.
Note that many Tech
Centers have very few
institution decisions.
35
All Claims Unpatentable:
The fraction of
proceedings where all
claims are found
unpatentable is shown (by
year and month) in the
chart to the right. Note that
a decision not to institute an
IPR is considered to be a
validity holding for this
purpose. Note that the
percentage of proceedings
with a "final written
decision" of unpatentability
is a different number, which
is discussed in a later
section.
0
20
40
60
80
100
2 7 10 11
201420152016
Month of Decision
% o
f P
roc
ee
din
gs
Proceedings with All Claims UnpatentableFor Tech Center 3700
0
20
40
60
80
100
2 7 10 11
201420152016
Month of Final Decision
% o
f P
roc
ee
din
gs
Final Written Decisions with All Claims UnpatentableFor Tech Center 3700
All Claims Unpatentable in
Final Written Decision: In
those cases that proceed to a
final written decision, the
probability of a finding of
unpatentability of all claims is
quite high. Note that some
Tech Centers have no final
written decisions.
36
Time from Filing to Institution and from Institution to Final Decision: The time from filing to
institution decision and from institution decision to final written decision (if any) is shown in the
chart below.
0
2
4
6
8
10
12
Filing to Initiation Initiation to Final Decision
6.1
10.8
Mo
nth
sTime from Filing to Institution and to Final Decision
For Tech Center 3700
Number of Filings, Institution Decisions, and Final Written Decisions: The numbers of IPR
filings, institution decisions and final written decisions (if any) for this Tech Center are shown in
the chart below.
0
4
8
12
16
20
Filings Institution Decisions Final Decisions
18 18
9
Nu
mb
er
Filings, Institution Decisions, and Final DecisionsFor Tech Center 3700
37
Tech Center 3900
Overview: The institution rates, rates at which patents remain unchanged after institution decision
and (if any) final decision, rates at which at least some claims survive IPR, rates at which patents for
which a decision granting institution survive the IPR unscathed, and rates at which patents survive at
least in part the IPR are shown in the chart below. Note that all these rates include proceedings
where the institution of an IPR was denied. Note as well that not all Tech Centers have proceedings
where the IPR was instituted. These are shown in the chart as blank (if applicable).
0
20
40
60
80
100
Perce
nt In
stitu
ted
Paten
t Rem
ains
Unc
hang
ed
Paten
t Ret
ains
at L
east S
ome
Valid C
laim
s
Proce
eding
Institu
ted,
Pat
ent R
emains
Unc
hang
ed
Proce
eding
Institu
ted,
Pat
ent R
etains
at
Leas
t Som
e Val
id C
laim
s
0.0
100.0 100.0
Petition RatesFor Tech Center 3900
-6
-4
-2
0
2
4
6
9
2014
Month
% In
sti
tute
d
Institution Rates by Year and Month of DecisionFor Tech Center 3900
Institution Rates by
Month and Year: The
rates at which IPRs
are instituted is shown
in the chart to the left,
by month and year.
Note that many Tech
Centers have very few
institution decisions.
38
All Claims Unpatentable:
The fraction of
proceedings where all
claims are found
unpatentable is shown (by
year and month) in the
chart to the right. Note that
a decision not to institute an
IPR is considered to be a
validity holding for this
purpose. Note that the
percentage of proceedings
with a "final written
decision" of unpatentability
is a different number, which
is discussed in a later
section.
-6
-4
-2
0
2
4
6
9
2014
Month of Decision
% o
f P
roc
ee
din
gs
Proceedings with All Claims UnpatentableFor Tech Center 3900
-6
-4
-2
0
2
4
6
Month of Final Decision
% o
f P
roc
ee
din
gs
Final Written Decisions with All Claims UnpatentableFor Tech Center 3900
All Claims Unpatentable in
Final Written Decision: In
those cases that proceed to a
final written decision, the
probability of a finding of
unpatentability of all claims is
quite high. Note that some
Tech Centers have no final
written decisions.
39
Time from Filing to Institution and from Institution to Final Decision: The time from filing to
institution decision and from institution decision to final written decision (if any) is shown in the
chart below.
0
0.5
1
1.5
2
2.5
3
3.5
4
4.5
Filing to Initiation Initiation to Final Decision
4.1
Mo
nth
sTime from Filing to Institution and to Final Decision
For Tech Center 3900
Number of Filings, Institution Decisions, and Final Written Decisions: The numbers of IPR
filings, institution decisions and final written decisions (if any) for this Tech Center are shown in
the chart below.
0
0.2
0.4
0.6
0.8
1
Filings Institution Decisions Final Decisions
1 1
0
Nu
mb
er
Filings, Institution Decisions, and Final DecisionsFor Tech Center 3900
40