In July, a very favorable month for appellees, the Federal Circuit issued 14 opinions in appeals from IPR and PGR post-grant proceedings before the Patent Trial and Appeal Board. The court affirmed the PTAB on every issue in 13 cases (92.86%), including a precedential opinion in IGT v. Zynga Inc. (No. 23-2262). The court issued one opinion (7.14%) with a mixed outcome (in which at least one issue was affirmed and at least one issue was not) in the precedential decision of Shockwave Medical, Inc. v. Cardiovascular Systems, Inc. (No. 23-1864). The court did not issue any outright reversals or dismissals on substantive (e.g., non-settlement) grounds.
Through July 31, 2025, the Federal Circuit cumulatively decided 1,488 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 1,053 cases (74.95%) and reversed or vacated the PTAB on every issue in 170 cases (12.10%). A mixed outcome on appeal occurred in 141 cases (10.04%), and the court dismissed 41 IPR appeals (2.92%) without rendering a decision on the merits.
In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 19 cases (65.52%), issued a mixed outcome in 3 cases (10.34%), and reversed or vacated every issue in 6 cases (20.69%). 1 PGR appeal (3.45%) has been dismissed on substantive grounds.
Taken together, in decisions for IPR, CBM, and PGR appeals, the Federal Circuit affirmed every issue in 1,113 cases (74.80%), issued a mixed outcome in 148 cases (9.95%), reversed or vacated every issue in 181 cases (12.16%), and dismissed 46 cases (3.09%) on substantive grounds.
Of the 1,488 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 619 cases (41.60%). The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 869 cases (58.40%). The ratio of Rule 36 affirmances to written decisions has generally trended downward over time but ticked upward slightly in July.
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