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April 17, 2016


Thanks for these IPR statistics from a reliable source. These IPR petition numbers for this industry are both surprising small and very different in PTAB responses to IPR petitions from the widely reported [and not valid currently] average petition response numbers. That is, that only 42.9% [only 98] of these requested IPRs were even instituted.
Another statistic that would be even more valuable to see here is the IPR petition rejection rate by the PTAB for the 39 petitions reported to be from investment firms or public interest organizations. I believe it is considerably higher, and it is directly relevant to the lobbying efforts to exempt the industry from any IPR patent validity challenges.
Likewise as to the report here that only 5 industry IPRs so far had final Board determinations that all claims were unpatentable. That number would be even more significant if compared percentage-wise to the total number of such final decisions, both for this industry and overall.

Paul (and others),

I don't have these statistics at the ready--but all my raw data is publicly available should anyone wish to slice and dice the data on their own. Here's the link (at Harvard's Dataverse): https://dataverse.harvard.edu/dataset.xhtml?persistentId=doi:10.7910/DVN/RBWCRK

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