In August, the Federal Circuit affirmed the PTAB on every issue in 9 (81.82%) cases on appeal from post-grant proceedings, including in four precedential opinions: Axonics, Inc. v. Medtronic, Inc. (Case No. 22-1532), Rembrandt Diagnostics, LP v. Alere, Inc. (No. 21-1796), Incept LLC v. Palette Life Sciences, Inc. (No. 21-2063), and Volvo Penta of the Americas, LLC v. Brunswick Corp. (No. 22-1765). The Federal Circuit issued a mixed outcome in 2 (18.18%) appeals, and did not issue any opinions reversing or vacating every issue or dismissing any appeals, which may occur, for example, when the Federal Circuit determines that it does not have jurisdiction over an appeal.
Through August 31, 2023, the Federal Circuit cumulatively decided 1,195 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 832 (74.02%) cases and reversed or vacated the PTAB on every issue in 143 (12.72%) cases. A mixed outcome on appeal occurred in 115 (10.23%) cases, and the court dismissed 34 (3.02%) 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 14 (73.68%) cases, issued a mixed outcome in 1 (5.26%) case, and reversed or vacated every issue in 4 (21.05%) 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 884 (74.04%) cases, issued a mixed outcome in 120 (10.05%) cases, reversed or vacated every issue in 152 (12.73%) cases, and dismissed 38 (3.18%) cases.
Of the 1,195 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 513 (42.93%) cases. The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 682 (57.07%) cases. The ratio of Rule 36 affirmances to issued decisions has trended steadily downward over time.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
