In October, the Federal Circuit affirmed the PTAB on every issue in 5 (71.43%) cases on appeal from post-grant proceedings, and issued a mixed outcome in 2 (28.57%) cases, which occurs when at least one issue is affirmed and at least one issue is vacated or reversed in an opinion. The Federal Circuit did not reverse or vacate every issue on the merits in an opinion, nor did it dismiss any appeals, which may occur, for example, when the Federal Circuit determines that it does not have jurisdiction over an appeal.
In November, a relatively favorable month for appellees, the Federal Circuit affirmed the PTAB on every issue in 8 (80%) cases and issued a mixed outcome in 2 (20%) cases. As in October, the Federal Circuit did not reverse or vacate every issue on the merits in an opinion, nor did it dismiss any appeals.
Through November 30, 2022, the Federal Circuit cumulatively decided 1,091 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, partially offsetting a near-total decline in the number of CBM appeals.
In IPR appeals, the Federal Circuit has cumulatively affirmed the PTAB on every issue in 748 (72.90%) cases and reversed or vacated the PTAB on every issue in 134 (13.06%) cases. A mixed outcome on appeal occurred in 110 (10.72%) cumulative cases, and the court dismissed 34 (3.31%) IPR appeals without rendering a decision on the merits.
In CBM appeals, the Federal Circuit affirmed the PTAB on every issue in 38 (74.51%) cases, reversed or vacated the PTAB on every issue in 5 (9.80%) cases, issued a mixed outcome in 4 (7.84%) cases, and dismissed 4 (7.84%) cases.
In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 9 (64.29%) cases, issued a mixed outcome in 1 (7.14%) case, and reversed or vacated every issue in 4 (28.57%) 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 795 (72.87%) cases, issued a mixed outcome in 115 (10.54%) cases, reversed or vacated every issue in 143 (13.11%) cases, and dismissed 38 (3.48%) cases.
Of the 1,091 IPR, CBM, and PGR appeals it has considered thus far, the Federal Circuit issued Rule 36 affirmances in 471 (43.17%) cases. The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 620 (56.83%) cases. The ratio of Rule 36 affirmances to issued decisions has trended downward over time.
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