Since the introduction of America Invents Act (AIA) proceedings in 2012, the Federal Circuit has experienced an increase in cases appealed from the Patent Trial and Appeal Boad (PTAB). Law360 reached to Finnegan partner Erik Puknys for his thoughts on how the Federal Circuit is managing its patent docket.
Erik said, "There was this enormous influx right away, but the court’s done a good job of adjusting to it, and you’re seeing that not only in the number of cases coming through, but also in the court’s use of Rule 36 decisions." Rule 36 decisions--one sentence rulings that affirm the lower court's opinion with no explanation--are often used by the court to dispose of a case quickly. Additionally, statistics show that the Federal Circuit likelihood of upholding a lower court decision increased to three out of four patent appeals in 2017. Erik said, "The court has been criticized in the past for being a little too willing to reverse, but a one-in-four reversal rate is a natural side effect of dealing with patent cases that concern complex issues of law. Pending the decision in Oil States Energy Services v. Greene’s Energy Group, Erik believes these statistics will be the new normal for the Federal Circuit.
