Federal Circuit PTAB Appeal Statistics for June and July 2023

In June, the Federal Circuit affirmed the PTAB on every issue in 16 (88.89%) cases on appeal from post-grant proceedings, including in five precedential opinions: Medtronic, Inc. v. Teleflex Innovations S.A.R.L. (three separate precedential opinions, Case Nos. 21-2356, -2357, and -2359), Yita LLC v. MacNeil IP LLC (No. 22-1373), and Parus Holdings, Inc. v. Google LLC (No. 22-1269).  The Federal Circuit issued a mixed outcome in 2 (11.11%) appeals, and did not issue any opinions reversing or vacating every issue or dismissing any appeals, which may occur, for example, when the Federal Circuit determines that it does not have jurisdiction over an appeal. 

In July, a relatively quiet month at the court, the Federal Circuit affirmed the PTAB on every issue in 3 (75%) cases and reversed or vacated every issue in 1 (25%) case, including in one precedential opinion: Axonics, Inc. v. Medtronic, Inc. (No. 22-1451).  The Federal Circuit did not issue any mixed outcomes or dismissals.

Through July 31, 2023, the Federal Circuit cumulatively decided 1,183 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 823 (73.94%) cases and reversed or vacated the PTAB on every issue in 141 (12.67%) cases.  A mixed outcome on appeal occurred in 115 (10.33%) cases, and the court dismissed 34 (3.05%) IPR appeals on non-settlement grounds without rendering a decision on the merits.   

In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 14 (73.68%) cases, issued a mixed outcome in 1 (5.26%) case, and reversed or vacated every issue in 4 (21.05%) cases.  No PGR appeals have been dismissed on the merits.

Taken together, in decisions for IPR, CBM, and PGR appeals, the Federal Circuit affirmed every issue in 875 (73.96%) cases, issued a mixed outcome in 120 (10.14%) cases, reversed or vacated every issue in 150 (12.68%) cases, and dismissed 38 (3.21%) cases.

Of the 1,183 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 512 (43.24%) cases.  The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 672 (56.76%) cases.  The ratio of Rule 36 affirmances to issued decisions has trended steadily downward over time.