` #:1605
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`EXHIBIT A
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`to
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`PLAINTIFF DOCUMENT SECURITY SYSTEMS, INC.’S OPPOSITION
`TO DEFENDANTS’ MOTION TO STAY PENDING INTER PARTES
`REVIEW
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`EXHIBIT A
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`
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`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 2 of 13 Page ID
` #:1606
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`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 3 of 13 Page ID
` #:1607
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`Trial Statistics
`IPR, PGR, CBM
`Patent Trial and Appeal Board
`January 2018
`
`
`
`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 4 of 13 Page ID
` #:1608
`
`Petitions by Trial Type
`(All Time: 9/16/12 to 1/31/18)
`
`IPR
`7,437
`92%
`
`8,067 Total
`
`CBM
`539
`7%
`
`PGR
`91
`1%
`
`Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered
`Business Method (CBM).
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`3
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`
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`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 5 of 13 Page ID
` #:1609
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`Petitions Filed by Technology in FY18
`(FY18 to date: 10/1/17 to 1/31/18)
`
`Mechanical &
`Business Method
`96
`19%
`
`510 Total
`
`Electrical/Computer
`305
`60%
`
`Chemical
`36
`7%
`
`Bio/Pharma
`73
`14%
`
`Design
`0
`0%
`
`4
`
`
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`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 6 of 13 Page ID
` #:1610
`
`Petitions Filed by Month
`(January 2018 and Previous 12 Months: 1/1/17 to 1/31/18)
`237
`250
`225
`200
`175
`150
`125
`100
`
`Jan-17
`
`IPR
`
`(482 IPRs in FY18)
`
`129
`
`126
`
`108
`
`Jan-18
`(15 CBMs in FY18)
`6
`1 3
`
`0
`
`Jan-17
`
`CBM
`
`Jan-18
`
`5
`
`10
`
`05
`
`7
`
`(13 PGRs in FY18)
`5
`2 2
`
`PGR
`
`Jan-18
`
`0
`
`Jan-17
`
`10
`
`05
`
`
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`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 7 of 13 Page ID
` #:1611
`
`Preliminary Response Filing Rates
`Pre- and Post-Rule To Allow New Testimonial Evidence (NTE)
`(All Time: 9/16/12 to 1/31/18)
`
`86% 83%
`
`86% 86%
`
`NTE
`
`49%
`
`NTE
`
`62%
`
`Pre Post
`Bio/Pharma
`
`Pre Post
`Chemical
`
`71%
`
`64%
`
`NTE
`35%
`
`Pre Post
`Design
`
`85% 85%
`
`83% 88%
`
`NTE
`
`39%
`
`NTE
`
`36%
`
`Pre Post
`Electrical/Computer
`
`Pre Post
`Mechanical &
`Business Method
`
`The rule to allow new testimonial evidence was effective May 2, 2016.
`
`6
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`
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`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 8 of 13 Page ID
` #:1612
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`Institution Rates
`(FY13 to FY18: 10/1/12 to 1/31/18)
`
`Instituted
`
`Denied
`
`100%
`
`90%
`
`80%
`
`70%
`
`60%
`
`50%
`
`40%
`
`30%
`
`20%
`
`10%
`
`0%
`
`87%
`
`191
`
`29
`
`75%
`
`664
`
`223
`
`68%
`
`1,012
`
`67%
`
`1,011
`
`469
`
`496
`
`63%
`
`955
`
`557
`
`2,000
`
`1,800
`
`1,600
`
`1,400
`
`1,200
`
`1,000
`
`800
`
`600
`
`400
`
`00
`
`02
`
`61%
`
`333
`
`215
`
`FY18
`
`7
`
`FY16
`FY15
`FY14
`FY13
`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.
`
`FY17
`
`
`
`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 9 of 13 Page ID
` #:1613
`
`Institution Rates by Technology
`(All Time: 9/16/12 to 1/31/18)
`
`Bio/Pharma
`
`Chemical
`
`Design
`
`62% (369 of 597)
`
`66% (270 of 408)
`
`41% (17 of 41)
`
`Electrical/Computer
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`69% (2,453 of 3,580)
`
`Mechanical &
`Business Method
`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.
`
`69% (1,057 of 1,529)
`
`8
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`
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`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 10 of 13 Page ID
` #:1614
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`Pre-Institution Settlements
`(FY13 to FY18: 10/1/12 to 1/31/18)
`
`16%
`
`291
`
`14%
`
`242
`
`14%
`
`249
`
`Settlement Rate
`9%
`
`Settlements
`23
`
`12%
`
`127
`
`FY17
`FY16
`FY15
`FY14
`FY13
`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.
`
`12%
`
`76
`
`FY18
`
`20%
`
`18%
`
`16%
`
`14%
`
`12%
`
`10%
`
`8%
`
`6%
`
`4%
`
`2%
`
`0%
`
`9
`
`
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`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 11 of 13 Page ID
` #:1615
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`Post-Institution Settlements
`(FY13 to FY18: 10/1/12 to 1/31/18)
`Settlement Rate
`90%
`
`40%
`
`110
`
`Settlements
`18
`
`29%
`
`212
`
`22%
`
`194
`
`22%
`
`187
`
`FY17
`FY16
`FY15
`FY14
`FY13
`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.
`
`23%
`
`60
`
`FY18
`
`85%
`
`65%
`
`45%
`
`25%
`
`5%
`
`-15%
`
`-35%
`
`-55%
`
`-75%
`
`10
`
`
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`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 12 of 13 Page ID
` #:1616
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`Status of Petitions
`(All Time: 9/16/12 to 1/31/18)
`8,067
`
`796
`
`1,009
`
`76
`
`31
`
`4,186
`
`1,969
`
`Instituted Claims Unpatentable
`No Claim: 367 (19%)
`Some Claims: 309 (16%)
`All Claims: 1,270 (65%)
`
`388
`
`770
`
`781
`
`42
`
`259
`
`1,946
`
`Decisions
`Final Writ.
`Judgment
`Req. Adv.
`
`Dismissed
`
`Settled
`
`Institution
`Open Post-
`
`Joined
`
`Instituted
`
`Denied
`
`Judgment
`Req. Adv.
`
`Dismissed
`
`Settled
`
`Institution
`Open Pre-
`
`Petitions
`
`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.
`
`11
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`
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`Case 8:17-cv-00981-JVS-JCG Document 60-1 Filed 03/05/18 Page 13 of 13 Page ID
` #:1617
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`