Authors: Daniel F. Klodowski, Elliot C. Cook, David C. Seastrunk
Editor: Aaron L. Parker
In the 55 Final Written Decisions issued by the Patent Trial and Appeal Board in June, the Board cancelled 572 (75.16%) of the instituted claims and declined to cancel 186 (24.44%) of the instituted claims. Patent owners conceded 3 (0.39%) of the instituted claims through motions to amend or disclaimer.
On a per-case basis, no instituted or substitute claims survived in 34 (61.82%) of the decisions, all instituted claims survived in 7 (12.73%) of the decisions, and a mixed outcome occurred in 14 (25.45%) of the decisions. A mixed outcome occurs where at least one instituted or substitute claim remains patentable, and at least one is cancelled, in a Final Written Decision.