The number of summary affirmances in patent cases at the Federal
Circuit has grown explosively over the last several years, from 96
in 2013 to 179 in 2016. In a summary affirmance, the court merely
affirms the prior decision, without providing any written opinion
setting forth the reasons for doing so.
The rise of summary affirmances may reflect the increased number
of appeals at the Federal Circuit engendered by the new types of
proceedings permitted since 2012 by the America Invents Act. Such
proceedings (e.g., inter partes reviews), decided by the
Patent Trial and Appeal Board rather than by a district court, have
often been appealed to the Federal Circuit. According to a recent
article in Law360, on appeal, the Federal Circuit has
proven very deferential to the PTAB's decisions, affirming a
vast majority of the decisions, typically via summary affirmances.
See Ryan Davis, Fed. Circ.'s Embrace of PTAB to
Fuel More AIA Reviews, Law360 (Mar. 8, 2016).
