IPR Institution Decisions
8%
100%
More IPRs instituted when
concurrent litigation is stayed
75%
Granted
79%
Granted
77%
Denied
21%
Denied
23%
All IPRs
IPRs of litigated
patents
50%
Granted
85%
For inter partes review proceedings involving
concurrent district court litigation, the PTAB
is 8% more likely to institute trial when the
district court grants a stay.
25%
0%
All IPRs
Denied
15%
DENIED
GRANTED
397
1,495
Litigated
(20.98%)
280
(23.29%)
(79.02%)
922
(76.71%)
Litigated w/ Stay
75 (14.94%)
424 (85.06%)
IPRs of litigated
patents w/ prior stay
This chart shows the outcomes of PTAB decisions granting or denying institution of trial in IPR proceedings as of May 15, 2015. “IPRs of litigated patents”
means the patent challenged in an IPR was concurrently the subject of an infringement or invalidity claim or defense in a district court case. “Granted” means
the Board granted institution of at least one claim on at least one ground of unpatentability. “Denied” means the Board denied institution as to every
challenged claim on every asserted ground for unpatentability.
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