In March, the Federal Circuit affirmed the PTAB on every issue in 11 (84.62%) cases on appeal from post-grant proceedings, including in two precedential opinions: Regents of the University of Minnesota v. Gilead Sciences, Inc. (No. 21-2168) and Roku, Inc. v. Universal Electronics, Inc. (No. 22-1058). The Federal Circuit reversed or vacated on every issue in 2 (15.38%) cases, including in one precedential opinion, Intel Corp. v. Pact XPP Schweiz AG (No. 22-1037). The Federal Circuit did not issue any mixed outcome opinions, 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 March 31, 2023, the Federal Circuit cumulatively decided 1,129 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 779 (73.35%) cases and reversed or vacated the PTAB on every issue in 138 (12.99%) cases. A mixed outcome on appeal occurred in 111 (10.45%) cumulative cases, and the court dismissed 34 (3.20%) IPR appeals on non-settlement grounds without rendering a decision on the merits.
In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 11 (68.75%) cases, issued a mixed outcome in 1 (6.25%) case, and reversed or vacated every issue in 4 (25%) 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 828 (73.34%) cases, issued a mixed outcome in 116 (10.27%) cases, reversed or vacated every issue in 147 (13.02%) cases, and dismissed 38 (3.37%) cases.
Of the 1,129 IPR, CBM, and PGR appeals it has considered thus far, the Federal Circuit issued Rule 36 affirmances in 485 (42.96%) cases. The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 644 (57.04%) cases. The ratio of Rule 36 affirmances to issued decisions has trended steadily downward over time and continued that trend in March.
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