Federal Circuit PTAB Appeal Statistics – May 1, 2017

Through May 1, 2017, the Federal Circuit decided 200 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 150 (75%) cases, and reversed or vacated the PTAB on every issue in 17 (8.50%) cases. A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 23 (11.50%) cases.

The court dismissed 10 (5%) appeals without rendering a decision on the merits of a patentability challenge. Dismissals may occur, for example, where the Federal Circuit determines that it does not have jurisdiction to hear an appeal (such as in an appeal from a PTAB institution decision) or a party lacks standing on appeal (for example, where an appellant has not been sued for infringement by the patentee). As the Supreme Court established in Cuozzo Speed Techs., LLC v. Lee, the Federal Circuit is barred from considering appeals from at least certain aspects of institution decisions under 35