PTAB trial outcomes in March and April generally tracked long-term statistical trends. In March, the PTAB cancelled 375 (72.25%) instituted claims across 34 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit. After review, 138 (26.59%) instituted claims survived, and patent owners conceded 6 (1.16%) instituted claims through motions to amend or disclaimer. For comparison, the cumulative average cancellation rate of instituted claims in IPR, CBM, and PGR Final Written Decisions is about 74%.
On a per-case basis, no instituted or substitute claims survived in 22 (64.71%) decisions, all instituted claims survived in 8 (23.53%) decisions, and 4 (11.76%) decisions had a mixed outcome in which at least one instituted or substitute claim survived and at least one instituted claim was cancelled.
In April, a relatively difficult month for patent owners, the PTAB cancelled 237 (84.64%) instituted claims across 22 IPR and PGR Final Written Decisions. In those decisions, 43 (15.36%) instituted claims survived, and patent owners did not concede any instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 16 (72.73%) decisions, all instituted claims survived in 3 (13.64%) decisions, and a mixed outcome occurred in 3 (13.64%) decisions in April.
Turning to motions to amend that were addressed on the merits in a Final Written Decision, the PTAB has cumulatively granted 677 (15.54%) proposed substitute claims while denying 3,679 (84.46%) proposed substitute claims through April 30, 2025.
Patentees have had slightly more success with motions to amend in PGRs. Through April 30, the PTAB granted 69 (20.60%) proposed substitute claims in PGR motions to amend while denying 266 (79.40%) proposed substitute claims.
The overall cumulative instituted claim survival rate in IPRs, CBMs, and PGRs through April 30, 2025, broken down by technology center, is as follows:
The cumulative number of Final Written Decisions through April 30, 2025, separated by technology center, is as follows:
Additional cumulative statistics on the Board's IPR, CBM, and PGR decisions, updated through April 30, 2025, are available here on the At the PTAB blog.
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