In both February and March, the Federal Circuit affirmed a similar percentage of appeals from PTAB post-grant proceedings. The Federal Circuit in February affirmed the PTAB on every issue in 7 cases (70%) and reversed or vacated every issue in 2 appeals (20%), including in two precedential opinions: Google LLC v. EcoFactor, Inc. (No. 22-1750) and Weber, Inc. v. Provisur Technologies, Inc. (No. 22-1751). The court issued a mixed outcome (in which at least one issue was affirmed and at least one issue was not) in 1 appeal (10%), and did not dismiss any appeals on substantive (e.g., non-settlement) grounds.
In March, the Federal Circuit affirmed the PTAB on every issue in 9 cases (69.23%) on appeal from post-grant proceedings and issued 2 opinions (15.38%) in which every issue was reversed or vacated. The court issued 2 opinions (15.38%) with mixed outcomes, including in two precedential opinions: Pfizer Inc. v. Sanofi Pasteur Inc. (No. 19-1871) and Virtek Vision International ULC v. Assembly Guidance Systems, Inc. (No. 22-1998). The court did not dismiss any appeals on substantive grounds.
Through March 31, 2024, the Federal Circuit cumulatively decided 1,285 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 900 cases (74.34%) and reversed or vacated the PTAB on every issue in 151 cases (12.48%). A mixed outcome on appeal occurred in 121 cases (10%), and the court dismissed 38 IPR appeals (3.14%) 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 955 cases (74.32%), issued a mixed outcome in 128 cases (9.96%), reversed or vacated every issue in 160 cases (12.45%), and dismissed 42 cases (3.27%) on substantive grounds.
Of the 1,285 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 546 cases (42.49%). The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 739 cases (57.51%). The ratio of Rule 36 affirmances to written decisions has trended steadily downward over time.
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