`Case 5:19-cv-00036—RWS Document 635-3 Filed 02/26/21 Page 1 of 3 PageID #: 32202
`
`EXHIBIT 3
`
`EXHIBIT 3
`
`
`
`Case 5:19-cv-00036-RWS Document 635-3 Filed 02/26/21 Page 2 of 3 PageID #: 32203
`
`United States Patent and Trademark Office
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313‐1450
`www.uspto.gov
`
`Ex Parte Reexamination Filing Data ‐ September 30, 2019
`
`1. Total requests filed since start of Ex Parte reexam on 07/01/81.…………................................................
`a. By patent owner
`3919
`b. by other member of the public
`9893
`c. By order of Commissioner
`175
`
`13987
`28%
`71%
`1%
`
`2. Number of Filings by discipline
`a. Chemical Operation
`b. Electrical Operation
`c. Mechanical Operation
`d. Design Patents
`
`3. Annual Ex Parte Reexam Filings
`Fiscal Yr.
`No
`Fiscal Yr.
`1981
`78 (3 mos.)
`1989
`1982
`187
`1990
`1983
`186
`1991
`1984
`189
`1992
`1985
`230
`1993
`1986
`232
`1994
`1987
`240
`1995
`1988
`269
`1996
`
`3791
`5214
`4732
`250
`
`27%
`37%
`34%
`2%
`
`No
`242
`297
`309
`390
`359
`379
`395
`413
`
`Fiscal Yr.
`1997
`1998
`1999
`2000
`2001
`2002
`2003
`2004
`
`No
`380
`348
`391
`312
`295
`272
`394
`436
`
`Fiscal Yr.
`2005
`2006
`2007
`2008
`2009
`2010
`2011
`2012
`
`No
`520
`473
`600
`690
`603
`697
`734
`780
`
`Fiscal Yr.
`2013
`2014
`2015
`2016
`2017
`2018
`2019
`
`No
`305
`355
`244
`222
`191
`187
`163
`
`4. Number known to be in litigation…………........................................................................
`
`1938
`
`14%
`
`5. Decisions on requests 2 ………….....................................................................................
`a. No. granted
`(1) By examiner
`(2) By Director (on petition)
`b. No. denied
`(1) By examiner
`(2) Reexam vacated
`
`6. Total examiner denials (includes denials reversed by Director)…………........................
`a. Patent owner requester
`b. Third party requester
`
`12905
`12718
`187
`1277
`1225
`52
`
`524
`702
`
`14130
`91%
`
`9%
`
`1226
`43%
`57%
`
` 1 Total decisions on requests does not include requests that have been vacated or are pending.
` 2 The Director granted requests are only granted petitions on denial under 37 CFR 1.515.
`
`1/2
`
`
`
`Case 5:19-cv-00036-RWS Document 635-3 Filed 02/26/21 Page 3 of 3 PageID #: 32204
`
`7. Overall reexamination pendency (Filing date to certificate issue date)........................
`a. Average pendency
`b. Median pendency
`
`25.8 (mos.)
`19.4 (mos.)
`
`8. Total ex parte reexamination certificates issued (1981 ‐ present)………………..
`Owner
`3rd Party Comm'r
`Requester Requester
`Initiate
`
`a. Certificates with all claims confirmed
`b. Certificates with all claims canceled
`c. Certificates with claims changes
`
`6%
`3%
`19%
`
`15%
`10%
`46%
`
`0%
`0%
`1%
`
`11980
`
`Overall Numbers
`
`20.7%
`12.7%
`66.6%
`
`2480
`1517
`7983
`
`9. Reexam claim analysis – requester is patent owner or 3rd party or Commissioner initiated.
`a. Certificates – PATENT OWNER REQUESTER
`3325
`a. All claims confirmed
`21%
`b. All claims canceled
`9%
`c. Claims changed
`70%
`b. Certificates – 3rd PARTY REQUESTER
`8481
`a. All claims confirmed
`21%
`b. All claims canceled
`14%
`c. Claims changed
`65%
`c. Certificates – COMMISSIONER INITIATED REEXAM
`174
`a. All claims confirmed
`10%
`b. All claims canceled
`27%
`c. Claims changed
`63%
`
`693
`300
`2332
`
`1769
`1170
`5542
`
`18
`47
`109
`
` 1 Total decisions on requests does not include requests that have been vacated or are pending.
` 2 The Director granted requests are only granted petitions on denial under 37 CFR 1.515.
`
`2/2
`
`
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