Federal Circuit PTAB Appeal Statistics for July, August, and September 2024

In post-grant appeals from the PTAB to the Federal Circuit in July, August, and September, the outcomes were generally in line with long-term trends in favoring appellees.  In July, the Federal Circuit affirmed the PTAB on every issue in 12 cases (75%), including its precedential opinion in Sanho Corp. v. Kaijet Technology International Ltd. (No. 23-1336).  The court also reversed or vacated every issue in 2 appeals (12.5%).  The court issued 1 mixed outcome (6.25%), in which at least one issue was affirmed and at least one issue was not, in its precedential opinion in ZyXEL Communications Corp. v. UNM Rainforest Innovations (No. 22-2220).  The court dismissed 1 appeal (6.25%) on substantive (e.g., non-settlement) grounds in a precedential opinion in Koss Corp. v. Bose Corp. (No. 22-2090). 

In August, the Federal Circuit affirmed the PTAB on every issue in 7 cases (70%) on appeal from post-grant proceedings, including in its precedential decision in Voice Tech Corp. v. Unified Patents, LLC (No. 22-2163).  The court issued 1 opinion with a mixed outcome (10%), and dismissed 1 appeal (10%) on substantive grounds in its precedential decision in Platinum Optics Technology Inc. v. Viavi Solutions Inc. (No. 23-1227).  The court issued 1 opinion (10%) in which every issue was reversed or vacated.

In September, the court issued 6 opinions (85.71%) in which every issue was affirmed, and 1 opinion with a mixed outcome (14.29%).  The court did not issue any substantive dismissals or opinions in which every issue was reversed or vacated, and the court did not issue any precedential opinions in September.

Through September 30, 2024, the Federal Circuit cumulatively decided 1,357 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 956 cases (74.75%) and reversed or vacated the PTAB on every issue in 156 cases (12.20%).  A mixed outcome on appeal occurred in 127 cases (9.93%), and the court dismissed 40 IPR appeals (3.13%) without rendering a decision on the merits.

In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 16 cases (69.57%), issued a mixed outcome in 3 cases (13.04%), and reversed or vacated every issue in 4 cases (17.39%).  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 1013 cases (74.71%), issued a mixed outcome in 134 cases (9.88%), reversed or vacated every issue in 165 cases (12.17%), and dismissed 44 cases (3.24%) on substantive grounds.

Of the 1,357 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 580 cases (42.74%).  The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 777 cases (57.26%).  The ratio of Rule 36 affirmances to written decisions has generally trended downward over time.

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