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Friday, December 08, 2023 4:24:05 PM
the Patent Trial and Appeal Board indicates that in 52% of the cases, all challenged claims
survive the review. In another 21% of the cases, at least one, but not all, of the challenged claims
survive. All challenged claims are found unpatentable in only 27% of cases decided by the
Board. These statistics appear to be rather balanced. Indeed, given the probability that weaker
patents are more likely to be attacked in an IPR, and the costs of preparing and filing an IPR
Petition, it is surprising Petitioners have not been more successful.
https://fordhamipinstitute.com/wp-content/uploads/2018/03/Inter-Partes-Review-Decision-Statistics-2018-04-03.pdf
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