Federal Circuit PTAB Appeal Statistics for April and May 2024

In post-grant appeals from the PTAB to the Federal Circuit in April and May, the outcomes skewed heavily in favor of appellees. In April, the Federal Circuit affirmed the PTAB on every issue in 11 cases (91.67%) and reversed or vacated every issue in 1 appeal (8.33%).  The court did not issue any opinions with mixed outcomes, in which at least one issue was affirmed and at least one issue was not, and did not dismiss any appeals on substantive (e.g., non-settlement) grounds.  None of the post-grant appeals resulted in precedential opinions.

In May, the Federal Circuit affirmed the PTAB on every issue in 13 cases (86.67%) on appeal from post-grant proceedings and issued 2 opinions (13.33%) with a mixed outcome, including two precedential opinions: IOENGINE, LLC v. Ingenico Inc. (No. 21-1227) and LKQ Corp. v. GM Global Technology Operations LLC (No. 21-2348). The court did not dismiss any appeals on substantive grounds or issue any opinions in which every issue was reversed or vacated.

Through May 31, 2024, the Federal Circuit cumulatively decided 1,312 appeals from the PTAB in IPRs, CBMs, and PGRs.  While the vast majority of these appeals came from IPR proceedings, the number of PGR appeals has slowly increased over time.

In IPR appeals, the Federal Circuit has cumulatively affirmed the PTAB on every issue in 923 cases (74.68%) and reversed or vacated the PTAB on every issue in 152 cases (12.30%).  A mixed outcome on appeal occurred in 123 cases (9.95%), and the court dismissed 38 IPR appeals (3.07%) without rendering a decision on the merits.   

In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 15 cases (68.18%), issued a mixed outcome in 3 cases (13.64%), and reversed or vacated every issue in 4 cases (18.18%).  No PGR appeals have been dismissed on substantive grounds.

Taken together, in decisions for IPR, CBM, and PGR appeals, the Federal Circuit affirmed every issue in 979 cases (74.62%), issued a mixed outcome in 130 cases (9.91%), reversed or vacated every issue in 161 cases (12.27%), and dismissed 42 cases (3.20%) on substantive grounds.

Of the 1,312 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 562 cases (42.84%).  The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 750 cases (57.16%).  The ratio of Rule 36 affirmances to written decisions has generally trended downward over time.