Authors: Daniel F. Klodowski, Elliot C. Cook, David C. Seastrunk
Editor: Aaron L. Parker
In the 46 Final Written Decisions issued by the Patent Trial and Appeal Board in April, the Board cancelled 651 (88.45%) of the instituted claims and declined to cancel 51 (6.93%) of the instituted claims. Patent owners conceded 34 (4.62%) of the instituted claims through motions to amend or disclaimer. These decision outcomes are considerably worse for patentees than the decisions issued in March 2016, when 65% of all instituted claims were cancelled and nearly 30% of instituted claims survived.