Trial StatisticsIPR, PGR, CBMPatent Trial and Appeal Board December 2017

IPR7,31192%

CBM5337%

PGR861%

7,930 Total

3

Petitions by Trial Type (All Time: 9/16/12 to 12/31/17)

Trial types include Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method (CBM).

Electrical/Computer21658%

Mechanical & Business Method

7219%

Chemical226%

Bio/Pharma63

17%

Design0

0%

373 Total

4

Petitions Filed by Technology in FY18(FY18 to date: 10/1/17 to 12/31/17)

10

05

1 3

05

10

Dec-16 Dec-17CBM

(9 CBMs in FY18)

0

74 2 2

05

10

Dec-16 Dec-17PGR

(8 PGRs in FY18)

237

119108

129

100125150175200225250

Dec-16 Dec-17IPR

(356 IPRs in FY18)

5

Petitions Filed by Month (December 2017 and Previous 12 Months: 12/1/16 to 12/31/17)

NTE

NTE

NTENTE NTE

86% 83% 86% 87%

64%71%

85% 85% 83% 88%

50%63%

35% 39% 36%

Pre Post Pre Post Pre Post Pre Post Pre Post

Bio/Pharma Chemical Design Electrical/Computer Mechanical &Business Method

6

Preliminary Response Filing RatesPre- and Post-Rule To Allow New Testimonial Evidence (NTE)(All Time: 9/16/12 to 12/31/17)

The rule to allow new testimonial evidence was effective May 2, 2016.

191

664

1,012 1,011 955

25029

223

469 496 557

176

87%75%

68% 67% 63% 59%

0

200

400

600

800

1,000

1,200

1,400

1,600

1,800

2,000

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

FY13 FY14 FY15 FY16

Instituted Denied

7

FY17

Institution Rates(FY13 to FY18: 10/1/12 to 12/31/17)

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.

FY18

69% (1,031 of 1,494)

69% (2,410 of 3,515)

41% (17 of 41)

66% (267 of 403)

62% (358 of 580)

Mechanical &Business Method

Electrical/Computer

Design

Chemical

Bio/Pharma

8

Institution Rates by Technology(All Time: 9/16/12 to 12/31/17)

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.

23

127

291242 249

42

9%

12%

16%

14% 14%

9%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

20%

FY13 FY14 FY15 FY16 FY17 FY18

9

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.

Settlements

Settlement Rate

Pre-Institution Settlements(FY13 to FY18: 10/1/12 to 12/31/17)

18

110

212 194 187

33

90%

40%29% 22% 22% 17%

-75%

-55%

-35%

-15%

5%

25%

45%

65%

85%

FY13 FY14 FY15 FY16 FY17 FY18

10

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.

Settlements

Settlement Rate

Post-Institution Settlements(FY13 to FY18: 10/1/12 to 12/31/17)

7,930

4,103

1,912

819975 72 31

1,930 386757

754 38 256

All Claims: 1,243 (65%)Some Claims: 305 (16%)

No Claim: 364 (19%)

Petit

ions

Ope

n Pr

e-In

stitu

tion

Sett

led

Dis

miss

ed

Req.

Adv

.Ju

dgm

ent

Den

ied

Inst

itute

d

Join

ed

Ope

n Po

st-

Inst

itutio

n

Sett

led

Dis

miss

ed

Req.

Adv

.Ju

dgm

ent

Fina

l Writ

.D

ecisi

ons

Instituted Claims Unpatentable

11

Status of Petitions(All Time: 9/16/12 to 12/31/17)

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.