throbber
Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 1 of 17 PageID #: 1055
`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 1 of 17 PagelD #: 1055
`
`
`
`
`
`EXHIBIT E
`EXHIBIT E
`
`
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 2 of 17 PageID #: 1056
`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 2 of 17 PagelD #: 1056
`
`UNITED STATES
`PATENT AND TRADEMARK OFFICE
`
`
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 3 of 17 PageID #: 1057
`
`PTAB Trial Statistics
`FY23 End of Year Outcome Roundup
`IPR, PGR
`Patent Trial and Appeal Board
`Fiscal Year 2023
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 4 of 17 PageID #: 1058
`
`Petitions filed by trial type
`(FY23: Oct. 1, 2022 to Sept. 30, 2023)
`
`IPR
`1,209
`98%
`
`1,239
`Total
`
`PGR
`30
`2%
`
`Trial types include Inter Partes Review (IPR) and Post Grant Review (PGR).
`
`3
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 5 of 17 PageID #: 1059
`
`Petitions filed by technology
`(FY23: Oct. 1, 2022 to Sept. 30, 2023)
`
`Mechanical &
`Business Method
`248
`20%
`
`Chemical
`34
`3%
`Bio/Pharma
`91
`7%
`
`Design
`5
`0%
`
`1,239
`Total
`
`Electrical/Computer
`861
`69%
`
`4
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 6 of 17 PageID #: 1060
`
`Petitions filed by month
`(September2023 and Prior 12 Months: Sept. 1, 2022 to Sept. 30, 2023)
`IPR
`(1,209 IPRs in FY23)
`
`151
`
`99
`
`103
`
`112
`
`110
`
`103
`
`108
`
`127
`
`77
`
`69
`
`PGR
`3
`
`0
`Feb Mar
`
`3
`
`1
`Apr May
`
`1
`Jun
`
`2
`
`Sep
`
`1
`Oct
`
`1
`Nov
`
`2
`
`4
`
`Dec
`
`Jan
`
`87
`
`91
`
`71
`
`(30 PGRs in FY23)
`7
`4
`
`3
`
`Jul
`
`Aug
`
`Sep
`
`5
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 7 of 17 PageID #: 1061
`
`Institution rates by petition
`(FY19 to FY23: Oct. 1, 2018 to Sept. 30, 2023)
`
`by Petition
`63%
`
`859
`
`510
`
`56%
`648
`
`512
`
`Instituted
`Denied
`
`58%
`702
`
`504
`
`66%
`
`67%
`
`769
`
`397
`
`752
`
`375
`
`FY19
`
`FY20
`
`FY21
`
`FY22
`
`FY23
`
`6
`
`

`

`Institution rates by patent
`(FY19 to FY23: Oct. 1, 2018 to Sept. 30, 2023)
`by Patent
`70%
`
`Instituted
`Denied
`
`71%
`
`69%
`
`66%
`
`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 8 of 17 PageID #: 1062
`
`667
`
`290
`
`64%
`
`567
`
`320
`
`645
`
`338
`
`661
`
`648
`
`296
`
`259
`
`FY19
`
`FY20
`
`FY21
`
`FY22
`
`FY23
`
`7
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 9 of 17 PageID #: 1063
`
`Institution rates by technology
`(FY23: Oct. 1, 2022 to Sept. 30, 2023)
`Bio/Pharma
`
`52% (43 of 82)
`
`Chemical
`
`Design
`
`Electrical/Computer
`
`49% (23 of 47)
`
`50% (4 of 8)
`
`70% (492 of 701)
`
`Mechanical &
`66% (190 of 289)
`Business Method
`Institution rate for each technology is calculated by dividing petitions instituted by
`decisions on institution (i.e., petitions instituted plus petitions denied). The outcomes
`of decisions on institution responsive to requests for rehearing are excluded.
`
`8
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 10 of 17 PageID #: 1064
`
`Settlements
`(FY19 to FY23: Oct. 1, 2018 to Sept. 30, 2023)
`Settlement Rate
`32%
`31%
`
`Settlements
`Post-
`Institution
`
`502
`
`243
`
`Pre-
`Institution 259
`
`22%
`
`309
`146
`163
`
`465
`192
`
`273
`
`27%
`
`339
`165
`
`174
`
`FY19
`FY20
`FY21
`FY22
`Settlement rate is calculated by dividing total settlements by concluded proceedings in
`each fiscal year (i.e., denied institution, settled, dismissed, requested adverse judgment,
`and final written decision), excluding joined cases.
`
`30%
`
`402
`213
`
`189
`
`FY23
`
`9
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 11 of 17 PageID #: 1065
`
`Outcomes by petition
`(FY23: Oct. 1, 2022 to Sept. 30, 2023)
`
`FWD patentability or unpatentability reported with respect to the claims at issue in the
`FWD. Joined cases are excluded.
`
`10
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 12 of 17 PageID #: 1066
`
`Outcomes by patent
`(FY23: Oct. 1, 2022 to Sept. 30, 2023)
`
`FWD patentability or unpatentability reported with respect to the claims at issue in the
`FWD. “Mixed Outcome” is shown for patents receiving more than one type of outcome
`from the list of: denied, settled, dismissed, and/or req. adverse judgement only. A patent
`is listed in a FWD category if it ever received a FWD, regardless of other outcomes.
`
`11
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 13 of 17 PageID #: 1067
`
`Outcomes by claim challenged
`(FY23: Oct. 1, 2022 to Sept. 30, 2023)
`
`12
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 14 of 17 PageID #: 1068
`
`Claim outcomes
`(FY23: Oct. 1, 2022 to Sept. 30, 2023)
`
`“No DI” and “No FWD” mean
`the claim was challenged but
`not addressed in a DI/FWD, e.g.,
`due to settlement.
`
`30% of challenged claims and
`51% of instituted claims were
`found unpatentable by a
`preponderance of the evidence.
`
`13
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 15 of 17 PageID #: 1069
`
`All patents: Fiscal Year 2023
`(FY23: Oct. 1, 2022 to Sept. 30, 2023)
`
`Events that end an AIA proceeding include final written decisions (FWD), settlements,
`dismissals, requests for adverse judgment, and denials of institution. A patent is listed in
`an FWD category if it ever received an FWD.
`
`14
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 16 of 17 PageID #: 1070
`
`All patents: All time
`(All time: Sept. 16, 2012 to Sept. 30, 2023)
`
`15
`
`

`

`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 17 of 17 PageID #: 1071
`Case 1:23-cv-00278-MN Document 54-5 Filed 02/09/24 Page 17 of 17 PagelD #: 1071
`
`
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket