IPR Institution Decisions
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. ©2015 Docket Navigator. All Rights Reserved.
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