Judicial Breakdown

Authors: Elliot C. Cook, Daniel F. Klodowski, David C. Seastrunk

Our judicial breakdown statistics track and categorize all PTAB final written decisions on the merits, listing the top ten judges in every category. These statistics do not include settlements, requests for adverse judgment, motions to terminate, still-pending cases, requests for rehearing, and appellate outcomes. We carefully analyzed which decisions were labeled correctly in the USPTO’s Patent Review Processing System (PRPS), tracked the number of claims instituted, the number of claims held unpatentable, and the number of claims in which the petitioner failed to meet its burden to prove unpatentability. Our statistics should be considered an estimate and depict various ways to display the underlying information.


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