Federal Circuit PTAB Appeal Statistics for October, November, and December 2024

The outcomes of post-grant appeals from the PTAB to the Federal Circuit in October, November, and December were generally in line with long-term trends favoring appellees.  In October, the Federal Circuit affirmed the PTAB on every issue in 7 cases (87.5%).  The court issued 1 mixed outcome (12.5%) 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 or render an opinion in which every issue was either reversed or vacated.  None of the October opinions were precedential.

In November, an unusual month due to the uniformity of appellate outcomes, the Federal Circuit affirmed the PTAB on every issue in all 6 cases in which it rendered an opinion.  The court did not issue any opinions in PTAB post-grant appeals with a mixed outcome, a substantive dismissal, or in which every issue was reversed or vacated.  None of the November opinions were precedential.

In December, the court issued 8 opinions (72.73%) in which every issue was affirmed.  The court issued 2 opinions with a mixed outcome (18.18%), including in its precedential opinion in Cytiva BioProcess R&D AB v. JSR Corp. (No. 23-2074).  The court also rendered one precedential opinion in which every issue was reversed or vacated (9.09%) in Palo Alto Networks, Inc. v. Centripetal Networks (No. 23-1636). 

Through December 31, 2024, the Federal Circuit cumulatively decided 1,382 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 977 cases (74.87%) and reversed or vacated the PTAB on every issue in 157 cases (12.03%).  A mixed outcome on appeal occurred in 131 cases (10.04%), and the court dismissed 40 IPR appeals (3.07%) without rendering a decision on the merits.  Compared to the preceding three months, the proportion of cases in which every issue was affirmed increased slightly. 

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 1034 cases (74.82%), issued a mixed outcome in 138 cases (9.99%), reversed or vacated every issue in 166 cases (12.01%), and dismissed 44 cases (3.18%) on substantive grounds.

Of the 1,382 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 592 cases (42.84%).  The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 790 cases (57.16%).  The ratio of Rule 36 affirmances to written decisions has generally trended downward over time but increased slightly over the October-December period.