Trial StatisticsIPR, PGR, CBMPatent Trial and Appeal Board May 2018

IPR7,93592%

CBM5547%

PGR1161%

8,605Total

3

Petitions by Trial Type (All Time: 9/16/12 to 5/31/18)

Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM).

Electrical/Computer62059%

Mechanical & Business Method

24423%

Chemical757%

Bio/Pharma10811%

Design1

0%

1,048Total

4

Petitions Filed by Technology in FY18(FY18 to date: 10/1/17 to 5/31/18)

06 6 3

01020

May-17 May-18CBM

(30 CBMs in FY18)

211

4 30

1020

May-17 May-18PGR

(38 PGRs in FY18)

195

114

88

160

75

100

125

150

175

200

May-17 May-18IPR

(980 IPRs in FY18)

5

Petitions Filed by Month (May 2018 and Previous 12 Months: 5/1/17 to 5/31/18)

NTENTE

NTENTE NTE

86% 84% 86% 84%

64%71%

85% 86% 83% 88%

48% 56%35% 40% 37%

Pre Post Pre Post Pre Post Pre Post Pre Post

Bio/Pharma Chemical Design Electrical/Computer Mechanical &Business Method

6

Preliminary Response Filing RatesPre- and Post-Rule To Allow New Testimonial Evidence (NTE)(All Time: 9/16/12 to 5/31/18)

The rule to allow new testimonial evidence was effective May 2, 2016.

7

Institution Rates(FY13 to FY18: 10/1/12 to 5/31/18)

Institution rate for each fiscal year is calculated by dividing petitions instituted by decisions on institution (i.e., petitions instituted plus petitions denied). The outcomes of decisions on institution responsive to requests for rehearing are excluded.

191

664

1,012 1,011 955

632

29223

469 496 557386

87%

75%68% 67% 63% 62%

FY13 FY14 FY15 FY16 FY17 FY18

Instituted Denied

69% (1,127 of 1,640)

68% (2,634 of 3,851)

41% (17 of 41)

66% (288 of 434)

60% (398 of 659)

Mechanical &Business Method

Electrical/Computer

Design

Chemical

Bio/Pharma

8

Institution Rates by Technology(All Time: 9/16/12 to 5/31/18)

Institution rate for each technology is calculated by dividing petitions instituted by decisions on institution (i.e., petitions instituted plus petitions denied). The outcomes of decisions on institution responsive to requests for rehearing are excluded.

23

127

291242 249

132

9%

12%

16%

14% 14%11%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

20%

FY13 FY14 FY15 FY16 FY17 FY18

9

Settlement rate for each year is calculated by dividing pre-institution settlements by the sum of proceedings instituted, denied institution, dismissed, terminated with a request for adverse judgment, and settled before decision on institution.

Settlements

Settlement Rate

Pre-Institution Settlements(FY13 to FY18: 10/1/12 to 5/31/18)

18

110

212 194 187113

90%

40%29% 22% 22% 21%

-75%

-55%

-35%

-15%

5%

25%

45%

65%

85%

FY13 FY14 FY15 FY16 FY17 FY18

10

Settlement rate for each year is calculated by dividing post-institution settlements by proceedings terminated post-institution (i.e., settled, dismissed, terminated with a request for adverse judgment, and final written decision), excluding joined cases.

Settlements

Settlement Rate

Post-Institution Settlements(FY13 to FY18: 10/1/12 to 5/31/18)

8,605

4,485

2,167

8061,064 79 31

2,140 420746

834 46 272

All Claims: 1,400 (65%)Some Claims: 349 (16%)

No Claim: 418 (19%)

Petit

ions

Ope

n Pr

e-In

stitu

tion

Sett

led

Dis

miss

ed

Req.

Adv

.Ju

dgm

ent

Den

ied

Inst

itute

d

Join

ed

Ope

n Po

st-

Inst

itutio

n

Sett

led

Dis

miss

ed

Req.

Adv

.Ju

dgm

ent

Fina

l Writ

.D

ecisi

ons

Instituted Claims Unpatentable

11

Status of Petitions(All Time: 9/16/12 to 5/31/18)

These figures reflect the latest status of each petition. The outcomes of decisions on institution responsive to requests for rehearing are incorporated. Once joined to a base case, a petition remains in the Joined category regardless of subsequent outcomes.