In Ethicon Endo-Surgery, Inc. v. Covidien LP, __ F.3d __ (Fed. Cir. June 22, 2016)(Newman, J., dissenting from den. reh’g en banc), in the course of a denial of rehearing en banc, The Great Patent Dissenter paints an entirely bleak view of inter partes review as viewed through the lens of patentees, e.g., that the PTAB has “found patentability after institution in just 9% of inter partes reviews” and “just 15.2% of instituted claims survived inter partesreview.”
A Different Way of Looking at the Same Statistics: Of all petitions filed, only 32 % of the cases go to a final decision; and nearly 30 % of cases that do go to final written decisions have at least some of the claims maintained.
More details are found in the pdf version of this note that includes statistics provided by the Patent Office.