June was another favorable month for appellees at the Federal Circuit in post-grant proceeding appeals from the Patent Trial and Appeal Board (PTAB). The court affirmed the PTAB on every issue in 9 cases (81.82%) and reversed or vacated every issue in 1 appeal (9.09%). The court issued a mixed outcome, in which at least one issue was affirmed and at least one issue was not, in 1 case (9.09%). No appeals were dismissed on substantive (e.g., non-settlement) grounds. None of the post-grant appeals resulted in precedential opinions.
Through June 30, 2024, the Federal Circuit cumulatively decided 1,323 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 932 cases (74.74%) and reversed or vacated the PTAB on every issue in 153 cases (12.27%). A mixed outcome on appeal occurred in 124 cases (9.94%), and the court dismissed 38 IPR appeals (3.05%) without rendering a decision on the merits.
In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 15 cases (68.18%), issued a mixed outcome in 3 cases (13.64%), and reversed or vacated every issue in 4 cases (18.18%). 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 988 cases (74.68%), issued a mixed outcome in 131 cases (9.90%), reversed or vacated every issue in 162 cases (12.24%), and dismissed 42 cases (3.17%) on substantive grounds.
Of the 1,323 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 569 cases (43.01%). The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 754 cases (56.99%). The ratio of Rule 36 affirmances to written decisions has generally trended downward over time, though it increased slightly in June.
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