直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Firm
  • Careers
Finnegan
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • IP Health Blog
    • Prosecution First Blog
  • Articles
  • IP Updates
  • Podcasts
  • Events
  • Webinars
  • Books

At the PTAB Blog

Federal Circuit PTAB Appeal Statistics Through January 31, 2022

February 28, 2022

By Daniel F. Klodowski; Eric A. Liu

Edited by Jason E. Stach; Elliot C. Cook

Through January 31, 2022, the Federal Circuit decided 987 appeals from the PTAB in IPRs, CBMs, and PGRs. While the vast majority of these appeals came from IPRs, the number of PGR appeals has slowly increased over time, partially offsetting a decline in the number of CBM appeals.

In IPR appeals, the Federal Circuit affirmed the PTAB on every issue in 678 (73.14%) cases and reversed or vacated the PTAB on every issue in 122 (13.16%) cases. A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 97 (10.46%) cases. The court also dismissed 30 (3.24%) IPR appeals without rendering a decision on the merits. Dismissals may occur, for example, where the Federal Circuit determines that it does not have jurisdiction to hear an appeal, such as in certain appeals from PTAB institution decisions. 

In CBM appeals, the Federal Circuit affirmed the PTAB on every issue in 37 (74%) cases, reversed or vacated the PTAB on every issue in 5 (10%) cases, issued a mixed outcome in 4 (8%) cases, and dismissed 4 (8%) cases. 

In PGR appeals, the Federal Circuit affirmed the PTAB on every issue in 6 (60%) cases, issued a mixed outcome in 1 (10%) case, and reversed or vacated every issue in 3 (30%) cases. No PGR appeals have been dismissed.

Taken together, in decisions for IPR, CBM, and PGR appeals, the Federal Circuit affirmed every issue in 721 (73.05%) cases, issued a mixed outcome in 102 (10.33%) cases, reversed or vacated every issue in 130 (13.17%) cases, and dismissed 34 (3.44%) cases.

An important tool helping the Federal Circuit manage its significant docket of PTAB appeals is the Rule 36 affirmance, through which the court affirms the PTAB without rendering a full written opinion. Of the 987 IPR, CBM, and PGR appeals it has considered thus far, the Federal Circuit issued Rule 36 affirmances in 429 (43.47%) cases. The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 558 (56.53%) cases. The ratio of Rule 36 affirmances to issued decisions has trended slightly downward over time.

Stay tuned to the At the PTAB Blog for the latest updates, analysis, and statistics on all aspects of PTAB and Federal Circuit practice. Subscribe here to receive notifications of new posts via email.

Tags

Patent Trial and Appeal Board (PTAB), United States Court of Appeals for the Federal Circuit (CAFC)

Related Practices

Post-Grant Proceedings

IPR, PGR, and CBM

Appeals of PTAB Trial Decisions

Related Offices

Atlanta, GA

Reston, VA

Washington, DC

Contacts

Daniel F. Klodowski
Associate
Washington, DC
+1 202 408 4216
Email
Jason_Stach
Jason E. Stach
Partner
Atlanta, GA
+1 404 653 6428
Email
Elliot_Cook
Elliot C. Cook
Partner
Reston, VA
+1 571 203 2738
Email

Copyright © 2022 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Related Insights

Conference

IPBC Asia 2022

October 31 - November 2, 2022

Tokyo

Conference

California Intellectual Property Law Institute 2022

October 17-18, 2022

San Francisco

Conference

New York Intellectual Property Law Institute 2022

September 15-16, 2022

New York

Conference

2022 AIPPI World Congress

September 10-13, 2022

San Francisco

Conference

2022 Lavender Law Conference & Career Fair

July 27-29, 2022

Los Angeles

Lecture

Understanding Trademarks 2022

July 11-15, 2022

Montreal

Reception

2022 Presidents Reception

June 22, 2022

Washington, DC

Hybrid Conference

2022 Bench & Bar Conference

June 15-18, 2022

Sea Island

Charitable

Bridges from School to Work Gala 2022

June 8, 2022

Washington, DC

Due to international data regulations, we’ve recently updated our privacy policy. Click here to read our privacy policy in full.

We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.

  • Privacy
  • Disclaimer
  • EEO Statement

© 2022 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP