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Message: PLANK SAT MATH!

Ok folks, Plank opines:

reference from last september 2014:

http://www.law360.com/articles/581512/trends-from-2-years-of-aia-post-grant-proceedings

****percentage of instituting trials on IPR= 70%......70 out of 100 review requests:

"Note that according to this chart, the rate at which the PTAB is instituting trials on contested petitions has also decreased in the last quarter, from 82 percent to 70 percent on IPR petitions and from 79 percent to 72 percent on CBM petitions."

****THEN, out of this amount (70 of 100 ).....all claims canceled in 65% of cases, equals 70 x .65 = 45.5 times out of 100 %

"The first PTAB final decisions on granted petitions came out this year. In the early decisions (first 26), the win rate for cancellation of all claims was 85 percent for IPR and 100 percent for CBM. This has cooled down a bit. In 126 final decisions (as of Sept. 11, 2014), petitioners have succeeded in having the PTAB cancel all challenged claims in 65 percent of the cases. The USPTO recently provided the following chart that gives a more nuanced view of the success rate, including terminations on the merits and other terminations, possibly in response to criticism that the post-grant trial proceedings have tipped the balance too far in favor of the petitioners:"

So, you silly little pretty head worriers...the above doesn't even consider (at least Plank can't tell how many, probably not many) when the patent owner has two District court claim constructions in its favor....

SHEEEZ....astericks and quotes!!!


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