Trial StatisticsIPR, PGR, CBMPatent Trial and Appeal Board May 2017

IPR6,38292%

CBM5187%

PGR611%

6,961 Total

3

Petitions by Trial Type (All Time: 9/16/12 to 5/31/17)

Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM).

Electrical/Computer77259%

Mechanical & Business Method

28222%

Chemical927%

Bio/Pharma14511%

Design141%

1,305 Total

4

Petitions Filed by Technology in FY17(FY17 to date: 10/1/16 to 5/31/17)

17

1 4 26

0

10

20

May-16 May-17CBM

(42 CBMs in FY17)

03 3

70

5

10

May-16 May-17PGR

(24 PGRs in FY17)

114

237

183

116

127

100125150175200225250

May-16 May-17

IPR

(1,239 IPRs in FY17)

5

Petitions Filed by Month (May 2017 and Previous 12 Months: 5/1/16 to 5/31/17)

NTE

NTE

NTENTE NTE

86% 81%86%

92%

64%70%

85% 83% 83% 85%

53% 60%

32% 37% 39%

Pre Post Pre Post Pre Post Pre Post Pre Post

Bio/Pharma Chemical Design Electrical/Computer Mechanical &Business Method

6

Preliminary Response Filing RatesPre- and Post-Rule To Allow New Testimonial Evidence (NTE)(All Time: 9/16/12 to 5/31/17)

The rule to allow new testimonial evidence was effective May 2, 2016.

191

664

1,012 1,011

632

29223

469 496361

87%

75%68% 67% 64%

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

2,000

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

FY13 FY14 FY15 FY16

Instituted Denied

7

FY17

Institution Rates(FY13 to FY17: 10/1/12 to 5/31/17)

Institution rate for each fiscal year 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.

71% (907 of 1,278)

70% (2,073 of 2,974)

42% (14 of 33)

67% (223 of 332)

62% (293 of 471)

Mechanical &Business Method

Electrical/Computer

Design

Chemical

Bio/Pharma

8

Institution Rates by Technology(All Time: 9/16/12 to 5/31/17)

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.

23

127

291242

188

9%

12%

16%

14%16%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

20%

FY13 FY14 FY15 FY16 FY17

9

Settlement rate for each year is calculated by dividing pre-institution settlements by the sum of proceedings instituted, denied institution, dismissed, terminated with a request for adverse judgment, and settled before decision on institution.

Settlements

Settlement Rate

Pre-Institution Settlements(FY13 to FY17: 10/1/12 to 5/31/17)

18

110

212 194144

90%

40%29% 22% 23%

-75%

-55%

-35%

-15%

5%

25%

45%

65%

85%

FY13 FY14 FY15 FY16 FY17

10

Settlement rate for each year is calculated by dividing post-institution settlements by proceedings terminated post-institution (i.e., settled, dismissed, terminated with a request for adverse judgment, and final written decision), excluding joined cases.

Settlements

Settlement Rate

Post-Institution Settlements(FY13 to FY17: 10/1/12 to 5/31/17)

6,961

3,524

1,601

906871 69 27

1,564 321667

678 35 222

All Claims: 1,044 (65%)Some Claims: 271 (17%)

No Claims: 286 (18%)

Peti

tion

s

Ope

n Pr

e-In

stit

utio

n

Sett

led

Dis

mis

sed

Req.

Adv

.Ju

dgm

ent

Den

ied

Inst

itut

ed

Join

ed

Ope

n Po

st-

Inst

itut

ion

Sett

led

Dis

mis

sed

Req.

Adv

.Ju

dgm

ent

Fina

l Wri

t.D

ecis

ions

Instituted Claims Unpatentable

11

Status of Petitions(All Time: 9/16/12 to 5/31/17)

These figures reflect the latest status of each petition. The outcomes of decisions on institution responsive to requests for rehearing are incorporated. Once joined to a base case, a petition remains in the Joined category regardless of subsequent outcomes.