Since the Patent Trial and Appeal Board (PTAB) was established in 2012, the Federal Circuit has affirmed 752 (72.6%) out of 1,035 appeals as of April 2022. Law360 interviewed Finnegan attorney Dan Klodowski to discuss PTAB appeal statistics.
Finnegan routinely tracks PTAB statistics on its At the PTAB Blog. Dan explained, “When we started tracking these numbers several years ago, it was closer to an 80% affirmance rate, and now it’s trending closer to 70%.”
The firm’s statistics also track “Rule 36” affirmances from the Federal Circuit, which end an appeal without further comment from judges. He stated, “That is the unique aspect of Federal Circuit practice — where you can get an affirmance without really having any insight into the judges’ reasoning and without having an agenda to look for any specific explanation.”
Read “Nearly 73% of PTAB Decisions Are Upheld By Fed. Circ.″
Tags
Patent Trial and Appeal Board (PTAB), Rule 36, United States Court of Appeals for the Federal Circuit (CAFC)
