`Case 5:19-cv-00036—RWS Document 239-2 Filed 03/24/20 Page 1 of 13 PageID #: 9331
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` EXHIBIT A
`
`EXHIBIT A
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`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 2 of 13 PageID #: 9332
`
`UNITED STATES
`
`PATENT AND TRADEMARK OFFICE
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`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 3 of 13 PageID #: 9333
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`Trial Statistics
`IPR, PGR, CBM
`
`Patent Trial and Appeal Board
`February 2020
`
`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 4 of 13 PageID #: 9334
`Petitions by Trial Type
`(All Time: Sept. 16, 2012 to Feb. 29, 2020)
`
`Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered
`Business Method (CBM).
`
`3
`
`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 5 of 13 PageID #: 9335
`Petitions Filed by Technology in FY20
`(FY20: Oct. 1, 2019 to Feb. 29, 2020)
`
`4
`
`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 6 of 13 PageID #: 9336
`Petitions Filed by Month
`(Feb. 2020 and Previous 12 Months: Feb. 1, 2019 to Feb. 29, 2020)
`
`5
`
`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 7 of 13 PageID #: 9337
`Institution Rates
`(FY13 to FY20: Oct. 1, 2012 to Feb. 29, 2020)
`
`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.
`
`6
`
`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 8 of 13 PageID #: 9338
`Institution Rates by Technology
`(All Time: Sept. 16, 2012 to Feb. 29, 2020)
`
`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.
`
`7
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`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 9 of 13 PageID #: 9339
`Pre-Institution Settlements
`(FY13 to FY20: Oct. 1, 2012 to Feb. 29, 2020)
`
`Settlement Rate
`
`Settlements
`
`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.
`
`8
`
`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 10 of 13 PageID #: 9340
`Post-Institution Settlements
`(FY13 to FY20: Oct. 1, 2012 to Feb. 29, 2020)
`
`Settlement Rate
`
`Settlements
`
`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.
`
`9
`
`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 11 of 13 PageID #: 9341
`Status of Petitions
`(All Time: Sept. 16, 2012 to Feb. 29, 2020)
`
`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.
`
`10
`
`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 12 of 13 PageID #: 9342
`
`Outcome of concluded proceedings
`(All time: Sept. 16, 2012 to Feb. 29, 2020)
`
`FWD 3,103
`34%
`
`Institution Denied
`3,043
`33%
`
`Instituted
`FWD All
`Patentable
`Denied
`609
`2,838
`7%
`Mixed
`33%
`516 6%
`FWD Mixed 557
`6%
`
`Settled
`2,676
`29%
`
`FWD All Unpatentable
`1,937
`Settled
`21%
`2,554
`30%
`
`Requested Adverse
`Judgment
`378
`4%
`
`Percentage of the Final Written Decisions
`
`609 (20%)
`557 (18%)
`
`1,937 (62%)
`
`FWD All Patentable
`
`FWD Mixed
`
`FWD All Unpatentable
`
`Joined and dismissed cases are excluded.
`
`11
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`
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`Case 5:19-cv-00036-RWS Document 239-2 Filed 03/24/20 Page 13 of 13 PageID #: 9343
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`
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