直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

How Successful Are Federal Circuit Cert Petitions in Patent Cases?

August 19, 2025

Intellectual Asset Management (IAM)

When a party is unhappy with the decision of an appellate court, they can petition the U.S. Supreme Court to hear their case by filing a writ of certiorari. While the Supreme Court is not obligated to hear these types of cases, they typically only do so if a case has national significance.

Each term, the Supreme Court receives about 7,000 to 8,000 cert petitions. However, they only grant and hear oral arguments in about 80 cases. This translates to a grant rate of 1% or less. Since 2015, there have been 611 Federal Circuit patent cases with cert petition outcomes. Out of those cases, the Supreme Court granted 51 (8%) cases, while it denied 560 (92%).

Finnegan managing partner James Barney told IAM that, “If a case was heard en banc and there was a split within the Federal Circuit in terms of a majority opinion and then a dissenting opinion, that could also be something that you can raise at the Supreme Court,” he said.

Overall, James believes it’s still a long shot to get a cert petition granted. “Unless there's a circuit split or an issue of immediate importance, we may be in an era for the next few years where the Supreme Court may not be looking to grant cert on appeals from the Federal Circuit,” he says.

Read “How Successful Are Federal Circuit Cert Petitions in Patent Cases?”

Tags

Supreme Court of the United States (SCOTUS), United States Court of Appeals for the Federal Circuit (CAFC)

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Related Offices

Washington, DC

Related Professionals

James R. Barney
Partner
Washington, DC
+1 202 408 4412
Email

Related News

Award/Ranking

Forbes Names Finnegan Partner Erika Harmon Arner on its Inaugural 2026 America’s Top Women Lawyers List

June 5, 2026

Award/Ranking

Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked

May 28, 2026

Commentary

Quince Aims to Have ‘Dupe’ Evidence Shape Ugg Shoe Patent Trial

May 26, 2026

Commentary

New Appellate Opinion in Amazon Biometric Data Case May Signal ‘Narrowing’ Scope of BIPA Litigation, Experts Say

May 20, 2026

Award/Ranking

Finnegan Partner Antje Brambrink Shortlisted for Women in Business Law EMEA Award

May 13, 2026

Press Release

Finnegan Secures Decisive ITC Victory for Innoscience in Final Determination

May 11, 2026

Commentary

ITC Bars Import of Innoscience Chips Made Before Redesign

May 8, 2026

Commentary

How Litigation Funding Disclosure Could Affect ITC Cases

May 7 , 2026

Award/Ranking

61 Finnegan Attorneys Recognized on the 2025 Capital Pro Bono Honor Roll

May 7, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP