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Patent Trial and Appeal Board Statistics 4/30/2016

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Patent Trial and Appeal BoardStatistics4/30/2016

2

Narrative:This pie chart shows the total number of cumulative AIA petitions filed to date broken out by trial type (i.e., IPR, CBM, and PGR).

*Data current as of: 4/30/2016

442490%

4439%

241%

4891 Total AIA Petitions*

Total IPR Petitions Total CBM Petitions Total PGR Petitions

Cumulative from 09/16/2012

3

*Data current as of: 4/30/2016

Narrative:This bar graph depicts the number of AIA petitions filed each fiscal year, with each bar showing the filings for that fiscal year by trial type (i.e., IPR, CBM, and PGR).

FY 2014 FY 2015 FY 2016*

1310

1737

846

177 149612 11 11

Number of AIA Petitions Filed by Fiscal Year by TypeIPR CBM PGR

4

Narrative:These line graphs display the number of IPR, CBM, and PGR petitions filed each month and the total number of all petitions filed each month from the effective date of the AIA trial provisions.

*Data current as of: 4/30/2016

143 131184

116159

120

179

102

177

100

164131 139 145

182

117165

136106

131 13896

132107

136

0

100

200

300

Number of IPR Petitions Filed by Month*

1419

610

1621

16 13 15 14 16 137

26

9 6 95

11 105 3

12 10 10

05

101520253035404550

Number of CBM Petitions Filed by Month*

0 0 0 01 1

01

01

01

0

32

0

3

0 01 1

0

6

12

0

2

4

6

8

10

Number of PGR Petitions Filed by Month*

157 150

190

126

176142

195

116

192

115

180145 146

174193

123

177141

117142 144

99

150118

148

0

40

80

120

160

200

240Number of TOTAL Petitions Filed by Month*

5

Narrative:This pie chart shows the total number of AIA petitions filed in the current fiscal year to date as well as the number and percentageof these petitions broken down by technology.

*Data current as of: 4/30/2016

96265%

31821% 114

8%

926%

30%

1489 Total AIA Petitions in FY 14* (Technology Breakdown)

1,19363%

44323% 90

5%

1679%

40%

1897 Total AIA Petitions in FY 15* (Technology Breakdown)

50655%

23926%

546%

10812%

111%

918 Total AIA Petitions in FY 16* (Technology Breakdown)

Electrical/Computer - TCs 2100, 2400, 2600, 2800Mechanical/Business Method - TCs 3600, 3700Chemical - TC 1700Bio/Pharma - TC 1600Design - TC 2900

6

Narrative:These three sets of bar graphs show the number of patent owner preliminary responses filed and waived/not filed each fiscal year in IPR, CBM, and PGR proceedings.

*Data current as of: 4/30/2016

FY 2014 FY 2015 FY 2016*

8291,326

768

202

223129

IPR - Number of Patent Owner Preliminary Responses by Fiscal Year

Filed Waived/Not Filed

FY 2014 FY 2015 FY 2016*

116154

47

18

12

3

CBM - Number of Patent Owner Preliminary Responses by Fiscal Year

Filed Waived/Not Filed

FY 2014 FY 2015 FY 2016*

6 6

0

1 1

PGR - Number of Patent Owner Preliminary Responses by Fiscal Year

Filed Waived/Not Filed

7

Narrative:This chart shows the percentage of petitions instituted of all decisions on petition, by technology area.

*Data current as of: 4/30/2016

0% 10% 20% 30% 40% 50% 60% 70% 80%

Biotechnology/Pharma (167 of 275petitions)

Chemical (174 of 231 petitions)

Design (7 of 12 petitions)

Electrical/Computer (1489 of 2085petitions)

Mechanical/Business Methods (661 of917 petitions)

Percent of Petitions Instituted, by Technology

8

Narrative:These three sets of bar graphs show the number of decisions on institution by fiscal year broken out by trials instituted (including joinders) and trials denied in IPR, CBM, and PGR proceedings. A trial that is instituted in part is counted as an institution in these bar graphs.

*Data current as of: 4/30/2016

FY 2014 FY 2015 FY 2016*

557801

535

15

116

49

193

426278

IPR - Number of Decisions On Institution Per Fiscal Year by Outcome

Instituted Joinders DenialsFY 2014 FY 2015 FY 2016*

91 91

24

110

63043

32

CBM - Number of Decisions On Institution Per Fiscal Year by Outcome

Instituted Joinders Denials

FY 2014 FY 2015 FY 2016*

03

7

0 01

PGR - Number of Decisions On Institution Per Fiscal Year by Outcome

Instituted Joinders Denials

9

Narrative:These three sets of bar graphs show settlements in AIA trials broken down by settlements that occurred prior to institution and settlements that occurred after institution in IPR, CBM, and PGR proceedings.

*Data current as of: 4/30/2016

FY2014 FY 2015 FY 2016*

0

2

00 0 0

PGR - Settlements

Settled Before Institution Settled After Institution

FY 2014 FY 2015 FY 2016*

21

1410

6

32

10

CBM - Settlements

Settled Before Institution Settled After Institution

FY 2014 FY 2015 FY 2016*

106

275

131104

189

99

IPR - Settlements

Settled Before Institution Settled After Institution

10

Narrative:This graph shows a stepping stone visual depicting the outcomes for all IPR petitions filed to-date that have reached a final disposition.

*Data current as of: 4/30/2016

Disposition of IPR Petitions Completed to Date*

568Terminated

After Institution Decision:

410 Settled18 Dismissed

140 Request for Adverse

Judgement

911Petitions Denied

587Terminated

Before Institution Decision:

532 Settled36 Dismissed

19 Request for Adverse

Judgement

943Trials Completed(Reached Final

Written Decision)

681 TrialsAll Instituted Claims

Unpatentable (23% of Total Petitions, 45%of Trials Instituted,

72% of Final Written Decisions)

128 TrialsSome Instituted

Claims Unpatentable (4% of Total Petitions,

8% of Trials Instituted, 14% of

Final Written Decisions)

1498Trials Not Instituted

1511Trials

Instituted

134 TrialsNo Instituted Claims Unpatentable (4% of Total Petitions, 9% of Trials Instituted, 14%

of Final Written Decisions)

3009Total

Petitions

11*Data current as of: 4/30/2016

69Terminated

After Institution Decision:

48 Settled8 Dismissed

13 Request for Adverse

Judgement

108Petitions Denied

50Terminated

Before Institution Decision:

48 Settled2 Dismissed

0 Request for Adverse

Judgement

111Trials Completed(Reached Final

Written Decision)

86 TrialsAll Instituted Claims

Unpatentable (25% of Total Petitions, 48%of Trials Instituted,

77% of Final Written Decisions)

22 TrialsSome Instituted

Claims Unpatentable (7% of Total Petitions,

12% of Trials Instituted, 20% of

Final Written Decisions)

158Trials Not Instituted

180Trials

Instituted

3 TrialsNo Instituted Claims Unpatentable (1% of Total Petitions, 2% of Trials Instituted, 3%

of Final Written Decisions)

338Total

Petitions

Disposition of CBM Petitions Completed to Date* Narrative:This graph shows a stepping stone visual depicting the outcomes for all CBM petitions filed to-date that have reached a final disposition.

12*Data current as of: 4/30/2016

0Terminated

After Institution Decision:0 Settled

0 Dismissed0 Request for

Adverse Judgement

1Petitions Denied

2Terminated

Before Institution Decision:2 Settled

0 Dismissed0 Request for

Adverse Judgement

0Trials Completed(Reached Final

Written Decision)

0 TrialsAll Instituted Claims Unpatentable (0% of Total Petitions, 0% of Trials Instituted, 0%

of Final Written Decisions)

0 TrialsSome Instituted

Claims Unpatentable (0% of Total Petitions,

0% of Trials Instituted, 0% of Final

Written Decisions)

3Trials Not Instituted

0Trials

Instituted

0 TrialsNo Instituted Claims Unpatentable (0% of Total Petitions, 0% of Trials Instituted, 0%

of Final Written Decisions)

3Total

Petitions

Disposition of PGR Petitions Completed to Date* Narrative:This graph shows a stepping stone visual depicting the outcomes for all PGR petitions filed to-date that have reached a final disposition.

13

Narrative:This visual contains four cylinders. The first cylinder shows the total number of claims available to be challenged in the IPR petitions filed. The second cylinder shows the number of claims actually challenged and not challenged. The third cylinder shows the number of claims on which trial was instituted and not instituted. The fourth cylinder shows the total number claims found unpatentable in a final written decision, the number of claims canceled or disclaimed by patent owner after institution, the number of claims remaining patentable (not subject to a final written decision), and the number of claims found patentable by the PTAB.

Note: “Completed” petitions include terminations (before or after a decision on institution) due to settlement, request for adverse judgment, or dismissal; final written decisions; and decisions denying institution.

*Data current as of: 4/30/2016

99041

45623

2008210175

2161 Claims Found Patentable by PTAB in Final WrittenDecision

5827 Claims Remaining Patentable (Not Subject to FinalWritten Decision)

1919 Claims Cancelled or Disclaimed by Patent Owner

25541 Claims Challenged but Not Instituted

53418 Claims Not Challenged

IPR Petitions Terminated to Date*

Claims Challenged

Claims Instituted

Claims Found Unpatentable by PTAB in Final Written Decision

Total Number of Claims Available to be Challenged within 3009 Petitions

14

Narrative:This visual contains four cylinders. The first cylinder shows the total number of claims available to be challenged in the CBM petitions filed. The second cylinder shows the number of claims actually challenged and not challenged. The third cylinder shows the number of claims on which trial was instituted and not instituted. The fourth cylinder shows the total number claims found unpatentable in a final written decision, the number of claims canceled or disclaimed by patent owner after institution, the number of claims remaining patentable (not subject to a final written decision), and the number of claims found patentable by the PTAB.

Note: “Completed” petitions include terminations (before or after a decision on institution) due to settlement, request for adverse judgment, or dismissal; final written decisions; and decisions denying institution.

*Data current as of: 4/30/2016

12122

6665

30541773

73 Claims Found Patentable by PTAB in Final WrittenDecision

939 Claims Remaining Patentable (Not Subject to FinalWritten Decision)

269 Claims Cancelled or Disclaimed by Patent Owner

3611 Claims Challenged but Not Instituted

5457 Claims Not Challenged

CBM Petitions Terminated to Date*

Claims Challenged

Claims Instituted

Claims Found Unpatentable by PTAB in Final Written Decision

Total Number of Claims Available to be Challenged within 338 Petitions

15

*Data current as of: 4/30/2016

Narrative:This chart shows claim outcomes for instituted trials, by technology area.

Note: Claims involved in instituted trials that settle or are dismissed are not depicted. Accordingly, a bar may not add up to 100%.

0% 10% 20% 30% 40% 50% 60% 70% 80% 90%100%

Biotechnology/Pharma (1279 claims)

Chemical (1850 claims)

Design (5 claims)

Electrical/Computer (13159 claims)

Mechanical/Business Methods (6843 claims)

Trial Outcomes for Instituted Claims, by Technology

Claims Found Unpatentable by PTAB in Final Written Decision

Claims Cancelled or Disclaimed by Patent Owner

Claims Found Patentable by PTAB in Final Written Decision