Trial Statistics January 2019

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2 Trial Statistics IPR, PGR, CBM Patent Trial and Appeal Board January 2019

3 by Type Trial Petitions Jan. 31, 2019) Sept. 16, 2012 to (All Time: CBM 579 IPR 6% 9,766 9,031 Tot a l 92% PGR 156 2% Covered Trial types include Inter Partes Review (IPR ), Post Grant Review (PGR ), and Business Method (CBM). 3

4 by Technology in FY19 Petitions Filed Jan. 31, 2019) (FY19: Oct. 1, 2018 to Mechanical & Business Method Chemical 153 15 26% 3% Bio/Pharma 596 55 Total 9% Design Electrical/Computer 3 370 0% 62% 4

5 Petitions Filed by Month Jan. 31, 2019) Jan. 1, 2018 2019 and Previous 12 Months: (Jan. to (555 IPRs in FY19) 250 212 200 150 114 114 88 100 50 0 IPR Jan-19 Jan-18 (22 PGRs in FY19) (19 CBMs in FY19) 20 20 11 10 7 7 7 10 10 3 0 0 0 CBM PGR Jan-19 Jan-18 Jan-18 Jan-19 5

6 Institution Rates Oct. 1, 2012 to Jan. 31, 2019) (FY13 to FY19: Denied Instituted 87% 75% 68% 67% 65% 63% 60% 1,012 1,011 954 859 664 577 558 496 469 280 223 191 151 29 FY19 FY18 FY17 FY16 FY13 FY14 FY15 Institution rate for each fiscal year is calculated by dividing by petitions instituted decisions on institution (i.e., petitions instituted plus petitions denied). The outcomes of decisions on institution responsive to requests for rehearing are excluded. 6

7 Institution by Rates Technology (All Time: Sept. 16, 2012 to Jan. 31, 2019) Bio/Pharma 59% (443 of 749) Ch emical 63% (307 of 489) Design 40% (17 of 43) Electrical/Computer 68% (2,941 of 4,345) Mechanical & 68% (1,263 of 1,848) 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. 7

8 Pre -Institution Settlements Oct. 1, 2012 to Jan. 31, 2019) (FY13 to FY19: 21% 20% Settlement Rate 16% 14% 15% 14% 12% 12% 291 9% 249 242 10% 200 127 124 Settlements 5% 23 0% FY18 FY13 FY14 FY15 FY19 FY16 FY17 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

9 -Institution Settlements Post Oct. 1, 2012 to Jan. 31, 2019) FY19: (FY13 to Settlement Rate 90% 85% 65% 40% 45% 29% 24% 23% 22% 22% 25% 5% 212 201 194 187 -15% Settlements 110 -35% 77 -55% 18 -75% FY18 FY19 FY13 FY14 FY15 FY17 FY16 -institution settlements by Settlement rate for each year is calculated by dividing post -institution (i.e., settled, dismissed, terminated with a proceedings terminated post request for adverse judgment, and final written decision), excluding joined cases. 9

10 Status of Petitions (All Time: Sept. 16, 2012 to Jan. 31, 2019) 9,766 Instituted Claims Unpatentable No Claim: 495 (19%) 895 Some Claims: 454 (18%) 1,256 100 41 All Claims: 1,633 (63%) 4,995 2,479 465 2,582 591 999 54 304 Joined Settled Settled Denied Petitions Instituted Req. A dv. Req. A dv. Decisions Dismissed Dismissed Judgment Judgment Open Pre- Final Writ. Institution Institution Open Post- 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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