• Our Professionals
  • Our Work
  • Our Insights
  • Firm
  • Careers
  • Tools
Finnegan
404 Not Found

Not Found

The requested URL /esi/auxiliary-nav.html was not found on this server.

Additionally, a 404 Not Found error was encountered while trying to use an ErrorDocument to handle the request.

AIA Blog

Federal Circuit PTAB Appeal Statistics – December 15, 2017

January 10, 2017

By David C. Seastrunk, Daniel F. Klodowski, Elliot C. Cook

Edited by Jason E. Stach

Through December 15, 2017, the Federal Circuit decided 289 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 216 (74.74%) cases, and reversed or vacated the PTAB on every issue in 32 (11.07%) cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 29 (10.03%) cases. 

The court dismissed 12 (4.15%) 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 an appeal from a PTAB institution decision.  As the Supreme Court established in Cuozzo Speed Techs., LLC v. Lee, the Federal Circuit is barred from considering appeals from at least certain aspects of institution decisions under 35 U.S.C. § 314(d).  Dismissals may also result from settlements among the parties to the appeal, or where the court determines that a prior decision renders an appeal moot.

An important tool that helps the Federal Circuit manage its significant docket of PTAB appeals is the Rule 36 affirmance, whereby the court affirms the PTAB without rendering a full, written opinion.  Of the 289 PTAB appeals it has considered thus far, the Federal Circuit has issued Rule 36 affirmances in 135 (46.71%) cases.  The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 154 (53.29%) cases.

Breaking down the numbers further, in its appeals from IPRs, the Federal Circuit affirmed the PTAB on every issue in 195 (74.71%) cases, reversed or vacated the PTAB on every issue in 30 (11.49%) cases, issued a mixed outcome in 27 (10.34%) cases, and dismissed 9 (3.45%) cases. 

In CBM appeals, the Federal Circuit affirmed the PTAB on every issue in 21 (75%) cases, issued a mixed outcome in 2 (7.14%) cases, dismissed 3 (10.71%) cases, and reversed or vacated the PTAB on every issue in 2 (7.14%) cases.

With the Federal Circuit’s recent en banc opinion in Wi-Fi One, LLC v. Broadcom Corp. determining that decisions regarding the IPR time bar under 35 U.S.C. § 315(b) are reviewable on appeal, the number of PTAB appeals to the Federal Circuit may increase 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 to receive notifications of new posts via email.

Tags

America Invents Act (AIA), Inter Partes Review (IPR), Covered Business Method Review (CBM)

Contacts

David_Seastrunk
David C. Seastrunk
Associate
Washington, D.C.
+1 202 408 4225
Email
Daniel_Klodowski
Daniel F. Klodowski
Associate
Washington, D.C.
+1 202 408 4216
Email
Elliot_Cook
Elliot C. Cook
Partner
Reston, VA
+1 571 203 2738
Email
Jason_Stach
Jason E. Stach
Partner
Atlanta, GA
+1 404 653 6428
Email

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. Additional disclaimer information.

Related Insights

AIA Blog

Federal Circuit PTAB Appeal Statistics – October 15, 2017

October 31, 2017

AIA Blog

Federal Circuit PTAB Appeal Statistics – November 15, 2017

December 6, 2017

AIA Blog

Federal Circuit PTAB Appeal Statistics – February 15, 2018

March 1, 2018

AIA Blog

Federal Circuit PTAB Appeal Statistics – January 15, 2018

February 6, 2018

AIA Blog

Federal Circuit PTAB Appeal Statistics – September 1, 2017

September 22, 2017

AIA Blog

Federal Circuit PTAB Appeal Statistics – March 15, 2018

April 6, 2018

AIA Blog

Federal Circuit PTAB Appeal Statistics – August 1, 2017

August 17, 2017

Federal Circuit PTAB Appeal Statistics – August 1, 2017

August 17, 2017

AIA Blog

Federal Circuit PTAB Appeal Statistics – July 1, 2017

July 18, 2017

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.

  • Privacy
  • Disclaimer

© 2018 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP