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ARTICLE · 05 OCTOBER 2021

Federal Circuit PTAB Appeal Statistics Through August 31, 2021

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Through August 31, 2021, the Federal Circuit decided 922 appeals from the PTAB in IPRs, CBMs, and PGRs. While the vast majority of these appeals came from IPRs, ...

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
Jason Stach
Jason Stach
Elliot C. Cook
Elliot C. Cook
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Through August 31, 2021, the Federal Circuit decided 922 appeals from the PTAB in IPRs, CBMs, and PGRs.  While the vast majority of these appeals came from IPRs, the number of PGR appeals has slowly increased over time, partially offsetting a decline in the number of CBM appeals.

In IPR appeals, the Federal Circuit affirmed the PTAB on every issue in 633 (73.26%) cases and reversed or vacated the PTAB on every issue in 116 (13.43%) cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 87 (10.07%) cases.  The court also dismissed 28 (3.24%) IPR appeals without rendering a decision on the merits.  Dismissals may occur, for example, where the Federal Circuit determines that it does not have jurisdiction to hear an appeal, such as in certain appeals from PTAB institution decisions. 

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