Federal Circuit PTAB Appeal Statistics for March 2025

In March, the Federal Circuit issued 22 opinions in post-grant appeals from the PTAB that generally followed long-term statistical trends but that included an unusually high number of precedential opinions.  The court affirmed the PTAB on every issue in 17 cases (77.27%), including precedential opinions in Apple Inc. v. Gesture Technology Partners, LLC (No. 2023-1475); Restem, LLC v. Jadi Cell, LLC (No. 2023-2054); Alivecor, Inc. v. Apple Inc. (No. 2023-1512); and AMP Plus, Inc. v. DMF, Inc. (No. 2023-1997).  The court issued 1 mixed outcome (4.55%) 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.  The court rendered 4 opinions where every issue was reversed or vacated (18.18%), including precedential opinions in an IPR appeal (Sierra Wireless, ULC v. Sisvel S.P.A., No. 2023-1059) and a PGR appeal (CQV Co., Ltd. v. Merck Patent GmbH, No. 23-1027).

Through March 31, 2025, the Federal Circuit cumulatively decided 1,434 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 1015 cases (75.02%) and reversed or vacated the PTAB on every issue in 163 cases (12.05%).  A mixed outcome on appeal occurred in 135 cases (9.98%), and the court dismissed 40 IPR appeals (2.96%) without rendering a decision on the merits. 

In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 19 cases (70.37%), issued a mixed outcome in 3 cases (11.11%), and reversed or vacated every issue in 5 cases (18.52%).  No PGR appeals have been dismissed on substantive (e.g., non-settlement) grounds.

Taken together, in decisions for IPR, CBM, and PGR appeals, the Federal Circuit affirmed every issue in 1075 cases (74.97%), issued a mixed outcome in 142 cases (9.90%), reversed or vacated every issue in 173 cases (12.06%), and dismissed 44 cases (3.07%) on substantive grounds.

Of the 1,434 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 604 cases (42.12%).  The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 830 cases (57.88%).  The ratio of Rule 36 affirmances to written decisions has generally trended downward over time, including through March.