In August, the Federal Circuit issued nine 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 six cases (66.67%), issued two opinions (22.22%) with a mixed outcome in which at least one issue was affirmed and at least one issue was not, and issued one opinion (11.11%) in which every issue was either reversed or vacated. The court did not issue any dismissals on substantive (e.g., non-settlement) grounds. For the first time in several months, none of the court's August opinions regarding IPR and PGR post-grant appeals were precedential, though the court did issue a precedential opinion in the first-ever derivation appeal in Global Health Solutions, LLC v. Selner (No. 23-2009).
Through August 31, 2025, the Federal Circuit cumulatively decided 1,497 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 1,059 cases (74.89%) and reversed or vacated the PTAB on every issue in 171 cases (12.09%). A mixed outcome on appeal occurred in 143 cases (10.11%), and the court dismissed 41 IPR appeals (2.90%) without rendering a decision on the merits.
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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 1,119 cases (74.75%), issued a mixed outcome in 150 cases (10.02%), reversed or vacated every issue in 182 cases (12.16%), and dismissed 46 cases (3.07%) on substantive grounds.
Of the 1,497 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 621 cases (41.48%). The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 876 cases (58.52%). The ratio of Rule 36 affirmances to written decisions has generally trended downward over time and continued this trend in August.
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