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ARTICLE · 13 AUGUST 2020

Federal Circuit PTAB Appeal Statistics Through May 31, 2020

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Through May 31, 2020, the Federal Circuit decided 740 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 541 (73.11%) cases...

United StatesIntellectual Property
Daniel Klodowski
Daniel Klodowski
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Through May 31, 2020, the Federal Circuit decided 740 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 541 (73.11%) cases and reversed or vacated the PTAB on every issue in 101 (13.65%) cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 70 (9.46%) cases. 

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The court also dismissed 28 (3.78%) 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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Breaking down the numbers further, in its appeals from IPRs, the Federal Circuit affirmed the PTAB on every issue in 505 (72.87%) cases, reversed or vacated the PTAB on every issue in 97 (14%) cases, issued a mixed outcome in 67 (9.67%) cases, and dismissed 24 (3.46%) cases. 

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