Nice post, very interesting and helpful. This may upset some who fear monger of IPR's.
So basically
Only:
~25% of total petitions even go to full trial
~17% of total petitions get the patent nulled.
~4% of total petitions have some claims removed/unpatentable
~4% of total petitions have no changes
These are very interesting stats, as from a defendants perspective, this certainly seems like its a low probability bet / long shot to have PTAB overturn a patent (which is what I suspected given that patent has gone through a prior rigorous process to be granted).
So, to me, what this implies is that big corps want to be able to delay as long as they can to cost small inventors alot of money to defend themselves. The point here is, if you have only a 17% chance of a FULL win, your odds are very low. Alternatively, you could argue that a defendant has a 21% chance of a full win or potential reduced cost. Regardless, you are at the low end of probability of some sort of win (as a defendant).
I suppose if you are talking 100's of millions this may be material to a mid sized corporation, however, for a large one like ATVI or Goog for instance, saving themselves perhaps $20-30 mil (ie if they don't win outright) is not material and it will cost them that much or more in legal fees.
It is clear to me, that the decision making process for defendants is less about defending and more about cost to the plaintiff and resultant financial pressure when I see these stats. From our perspective, this has no bearing because of the contingency agreement. I suppose for ATVI, you have a dart, throw it at the board and see what it hits.
That being said, that's great odds for us. A 79% chance we win at least on some basis.
Great information, thanks for the post.
News 
Market Data 
Discover 
AI
