`
`Patent Trial and Appeal Board
`Statistics
`
`10/31/2016
`
`
`
`Page 1 of 15
`
`AMS
`
`Exhibit 2008
`
`RA v AMS
`
`
`
`
`
`5811 Total AIA Petitions*
`Cumulative from 09/16/2012
`
`ITotaI IPR Petitions
`
`ITota| CBM Petitions
`
`I Total PGR Petitions
`
`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: 10/31/2016
`
`Page 2 of 15
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`
`
`Number of AIA Petitions Filed by Fiscal Year by Type
`I IPR
`I CBM
`I PGR
`
`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).
`
`*Data current as of: 10/31/2016
`
`Page 3 of 15
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`Number of IPR Peti ions Filed by Month*
`
`Number of CBM Peti ions Filed by Month*
`
`muwswamumso
`
`Number of PGR Peti ions Filed by Month*
`
`Number of TOTAL Peti
`
`ions Filed by Month*
`176
`
`148 135
`
`154 155
`
`157
`
`143
`
` menaramaahmDN.I..l...
`
`..mo.o"SmaaPMmmrecagereebW.WnmC...."U
`
`umHD“1ef3hSItn
`vimW.la.m..pell
`er.6mmm.
`
`r
`I
`,mmh
` cmR.tpm
`
`denhatMmBr
`
`
`e&mmmmamhp
`o.nmtmmwe
`.m.Ia
`
`dm5mmHmm003mm4awePa00mmmmPe
`
`4
`
`AMS
`
`Exhi it 2008
`
`RA V AMS
`
`
`
`
`
`155 Total AIA Petitions in FY 17*
`
`(Technology Breakdown)
`
`1683TotalAIAPetitionsinFV16‘
`[Technology Breakdown)
`
`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 percentage
`of these petitions broken
`down by technology.
`
`1897TohlAlAPetil:ionsin FY 15"
`(Technology Breakdown)
`
`I Electrical/Computer - TCs 2100, 2400, 2600, 2800
`I Mechanical/Business Method - TCs 3600, 3700
`I Chemical — TC 1700
`I Bio/Pharma - TC 1600
`I Design - TC 2900
`
`*Data current as of: 10/31/2016
`
`Page 5 of 15
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`IPR - Number of Patent Owner
`
`CBM - Number of Patent Owner
`
`Preliminary Responses by Fiscal Year
`
`Preliminary Responses by Fiscal Year
`
`PGR - Number of Patent Owner
`
`Preliminary Responses by Fiscal Year
`
`Narrative:
`
`I Filed I Waived/Not Filed
`
`
`I Filed I Waived/Not Filed
`
`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: 10/31/2016
`
`Page 6 of 15
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`Percent of Petitions lnstituted, by Technology
`
`Mechanical/Business Methods (789 of 1030 petitions)
`
`Electrical/Computer (1737 of 2439 petitions)
`
`Design (10 of 23 petitions)
`
`Chemical (194 of 270 petitions)
`
`Biotechnology/Pharma (229 of 371 petitions)
`
`Narrative:
`
`This chart shows the percentage
`of petitions instituted of all
`decisions on petition, by
`technology area.
`
`*Data current as of: 10/31/2016
`
`0% 10% 20% 30% 40% 50% 60% 70% 80%
`
`Page 7 of 15
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`IPR - Number of Decisions On Institution Per Fiscal
`
`CBM - Number of Decisions On Institution Per Fiscal
`
`Year by Outcome
`
`IJoinders
`
`IDenials
`
`Ilnstituted
`
`Iloinders
`
`IDenials
`
`PGR - Number of Decisions On Institution Per Fiscal
`
`Year by Outcome
`
`Naffative;
`
`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.
`
`Year by Outcome Ilnstituted
`*Data current as of: 10/31/2016 Ilnstituted
`
`Iloinders
`
`IDenials
`
`Page 8 of 15
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`IPR - Settlements
`
`CBM - Settlements
`
`I Settled Before Institution
`
`I Settled After Institution
`
`I Settled Before Institution
`
`PGR - Settlements
`
`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: 10/31/2016
`
`I Settled After Institution
`I Settled After Institution
`
`I Settled Before Institution
`
`Page 9 of 15
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`e_.—..——_—————
`
`Disposition of IPR Petitions Completed to Date*
`
`1799
`Trials Not
`Instituted
`
`1971
`Trials
`Instituted
`
`Narrative:
`
`This graph shows a stepping stone
`visual depicting the outcomes for
`all IPR petitions filed to—date that
`have reached a final disposition.
`
`708
`Termlnnmed
`Before Institution
`Decision
`Settied
`DIsrnissed
`Requesl for
`Adverse
`J udgement
`
`710
`Terminated
`After Lnsmuuon
`Decision:
`Settled
`Dismissed
`Requen for
`Adverse
`Judgement
`
`859 Trials
`Lll lrttituted '-
`Unpatentable
`Total PE-title
`ituted,
`of Trial:
`68% of Fl'l:3l Wntt»;-n
`Decisions‘)
`
`.
`
`*Data current as of: 10/31/2016
`
`Page 10 of 15
`
`10
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`e_.—..——_—————
`
`Disposition of CBM Petitions Completed to Date*
`
`188
`Trials Not
`Instituted
`
`213
`Tria|S
`Instituted
`
`Narrative:
`
`This graph shows a stepping stone
`visual depicting the outcomes for
`all CBM petitions filed to—date that
`have reached a final disposition.
`
`63
`Terminnmed
`Before Institution
`Decision
`Setfled
`Dism issed
`Request for
`Adverse
`J udgemient
`
`73
`Terminated
`After Lnsmuti-on
`Decision:
`Setded
`Disrmssed
`Request for
`Adverse
`Judgement
`
`118 Trials
`LH lrttituted '-
`Unpatentabie
`Tctai PE-title
`ituted,
`of Trial:
`31% of Fi'7:3i Wntt»;-n
`D€C|SiOiT.7i
`
`.
`
`*Data current as of: 10/31/2016
`
`Page 11 of 15
`
`11
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`IPR Petitions Terminated to Date*
`
`I3747 Claims Found Patentable by PTAB in Final Written
`Decision
`
`I 6925 Claims Remaining Patentable (Not Subject to
`Final Written Decision)
`
`I 2279 Claims Cancelled or Disclaimed by Patent Owner
`
`I 31029 Claims Challenged but Not Instituted
`
`I 66457 claims Not Challenged
`
`124238
`
`Total Number of
`Claims Available
`to be Challenged
`within 3770
`Petitions
`
`Claims
`
`Chaflenged
`
`Claims
`Instituted
`
`Claims Found
`
`Unpatentable
`by PTAB in
`Final Written
`Decision
`
`Page 12 of 15
`
`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
`tenninations (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: 10/31/2016
`
`12
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`CBM Petitions Terminated to Date*
`
`I 107 Claims Found Patentable by PTAB in Final Written
`Decision
`
`I981 Claims Remaining Patentable (Not Subject to Final
`Written Decision)
`
`I 302 Claims Cancelled or Disclaimed by Patent Owner
`
`I4485 Claims Challenged but Not lnstituted
`
`I 6976 Claims Not Challenged
`
`Total Number of
`Claims Available
`
`to be Challenged
`within 406
`Petitions
`
`Claims
`
`Chaflenged
`
`Claims
`instituted
`
`Claims Found
`Unpatentable
`by PTAB in Final
`Written
`Decision
`
`Page 13 of 15
`
`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
`tenninations (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: 10/31/2016
`
`13
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`_
`
`Trial Outcomes for lnstituted Claims,
`by Tech ng|ogy
`
`Mechanical/Business Methods (8730
`claims)
`
`7,
`10/° 10
`
`0
`
`Electrical/Computer (17074 claims)
`
`87}: 13%
`
`Design (6 claims)
`
`Chemical (2195 claims)
`
`5."/56°
`
`Biotechnology/Pharma (2191 claims)
`
`8:1:
`
`34%
`
`0%
`
`20% 40% 60% 80% 100%
`
`IC|aims Found Unpatentable by PTAB in Final Written Decision
`
`Iclaims Cancelled or Disclaimed by Patent Owner
`
`Iclaims Found Patentable by PTAB in Final Written Decision
`
`* Includes IPR and CBM trial outcomes
`
`Page 14 of 15
`
`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%.
`
`*Data current as of: 10/31/2016
`
`14
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
`
`Page 15 of 15
`
`AMS
`
`Exhibit 2008
`
`RA V AMS
`
`
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