In July, the Federal Circuit affirmed the PTAB on every issue in 7 (70%) cases on appeal from post-grant proceedings, reversed or vacated the PTAB on every issue in 1 (10%) case, and issued a mixed outcome in 2 (20%) cases, which occurs when at least one issue is affirmed and at least one issue is vacated or reversed in an opinion. The Federal Circuit did not dismiss any appeals on the merits, which may occur, for example, when the Federal Circuit determines that it does not have jurisdiction to hear an appeal.
In August, the Federal Circuit affirmed the PTAB on every issue in 6 (85.71%) cases and reversed or vacated the PTAB on every issue in 1 (14.29%) case. The Federal Circuit did not dismiss any appeals on the merits or issue any mixed outcomes.
Through August 31, 2022, the Federal Circuit cumulatively decided 1,069 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 near total decline in the number of CBM appeals.
In IPR appeals, the Federal Circuit has cumulatively affirmed the PTAB on every issue in 733 (72.94%) cases, and reversed or vacated the PTAB on every issue in 132 (13.13%) cases. A mixed outcome on appeal occurred in 106 (10.55%) cumulative cases, and the court cumulatively dismissed 34 (3.38%) IPR appeals without rendering a decision on the merits.
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. These statistics are unchanged from our last report through June 30, 2022.
In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 9 (64.29%) cases, issued a mixed outcome in 1 (7.14%) case, and reversed or vacated every issue in 4 (28.57%) 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 779 (72.87%) cases, issued a mixed outcome in 111 (10.38%) cases, reversed or vacated every issue in 141 (13.19%) cases, and dismissed 38 (3.55%) cases.
Of the 1,069 IPR, CBM, and PGR appeals it has considered thus far, the Federal Circuit issued Rule 36 affirmances in 460 (43.03%) cases. The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 609 (56.97%) cases. The ratio of Rule 36 affirmances to issued decisions has trended downward over time.
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