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ARTICLE · 06 JULY 2023

Federal Circuit PTAB Appeal Statistics For May 2023

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In May, the Federal Circuit affirmed the PTAB on every issue in 12 (80%) cases on appeal from post-grant proceedings, including in three precedential opinions: Sanofi-Aventis Deutschland...

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
Audrey J. Parker
Audrey J. Parker
Jason Stach
Jason Stach
Elliot C. Cook
Elliot C. Cook
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In May, the Federal Circuit affirmed the PTAB on every issue in 12 (80%) cases on appeal from post-grant proceedings, including in three precedential opinions: Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc. (No. 21-1981), Bot M8 LLC v. Sony Interactive Entertainment LLC (No. 22-1291), and Medtronic, Inc. v. Teleflex Innovations S.A.R.L. (Nos. 21-2356, -2358, -2361, -2363, and -2365). The Federal Circuit issued a mixed outcome in 1 (6.67%) appeal and reversed or vacated every issue in 2 (13.33%) appeals. No appeals were dismissed, which may occur, for example, when the Federal Circuit determines that it does not have jurisdiction over an appeal.

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Through May 31, 2023, the Federal Circuit cumulatively decided 1,161 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.

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