November 18, 2020
Authored and Edited by Daniel F. Klodowski; Eric A. Liu; Jason E. Stach; Elliot C. Cook
Through October 31, 2020, the Federal Circuit decided 787 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 578 (73.44%) cases, and reversed or vacated the PTAB on every issue in 104 (13.21%) cases. A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 77 (9.78%) cases.
The court also dismissed 28 (3.56%) appeals without rendering a decision on the merits. Dismissals may occur, for example, where the Federal Circuit determines that it does not have jurisdiction to hear an appeal, such as in certain appeals from PTAB institution decisions.
Breaking down the numbers further, in its appeals from IPRs, the Federal Circuit affirmed the PTAB on every issue in 542 (73.24%) cases, reversed or vacated the PTAB on every issue in 100 (13.51%) cases, issued a mixed outcome in 74 (10.00%) cases, and dismissed 24 (3.24%) cases.
In CBM appeals, the Federal Circuit affirmed the PTAB on every issue in 36 (76.60%) cases, issued a mixed outcome in 3 (6.38%) cases, dismissed 4 (8.51%) cases, and reversed or vacated the PTAB on every issue in 4 (8.51%) cases. The number of CBMs on appeal has slowed to a trickle, and these numbers have remained steady over time.
An important tool helping the Federal Circuit manage its significant docket of PTAB appeals is the Rule 36 affirmance, through which the court affirms the PTAB without rendering a full, written opinion. Of the 787 IPR and CBM appeals it has considered thus far, the Federal Circuit issued Rule 36 affirmances in 353 (44.85%) cases. The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 434 (55.15%) cases. The ratio of Rule 36 affirmances to issued decisions has generally trended slightly downward over time.
Stay tuned to the AIA Blog for the latest updates, analysis, and statistics on all aspects of PTAB and Federal Circuit practice. Subscribe to the AIA Blog at the bottom of the page to receive notifications of new posts via email.
Patent Trial and Appeal Board (PTAB), AIA statistics, America Invents Act (AIA), United States Court of Appeals for the Federal Circuit (CAFC)
Copyright © 2020 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
At the PTAB Blog
IPR and PGR Statistics for Final Written Decisions Issued in March 2024
April 30, 2024
At the PTAB Blog
IPR and PGR Statistics for Final Written Decisions Issued in February 2024
April 16, 2024
INCONTESTABLE® Blog
April 4, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.