In September, the Federal Circuit affirmed the PTAB on every issue in 3 (60%) cases on appeal from post-grant proceedings, and issued a mixed outcome in 2 (40%) 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 reverse or vacate every issue on the merits in an opinion, nor did it dismiss any appeals, which may occur, for example, when the Federal Circuit determines that it does not have jurisdiction over an appeal.
Through September 30, 2022, the Federal Circuit cumulatively decided 1,074 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 736 (72.87%) cases, and reversed or vacated the PTAB on every issue in 132 (13.07%) cases. A mixed outcome on appeal occurred in 108 (10.69%) cumulative cases, and the court cumulatively dismissed 34 (3.37%) 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 August 31, 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 782 (72.81%) cases, issued a mixed outcome in 113 (10.52%) cases, reversed or vacated every issue in 141 (13.13%) cases, and dismissed 38 (3.54%) cases.
Of the 1,074 IPR, CBM, and PGR appeals it has considered thus far, the Federal Circuit issued Rule 36 affirmances in 460 (42.83%) cases. The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 614 (57.17%) cases. The ratio of Rule 36 affirmances to issued decisions has trended downward over time.
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