At Federal Circuitry, we frequently update our statistics. We
now have almost a year's worth of data since we started our
project of collecting every Federal Circuit decision and collating
all of the Court's substantive orders. In a
post in July, I took a look at some win-loss rates. One of the
things I found interesting was that the data showed that in patent
cases, patent owner appellants did noticeably worse than non-patent
owner appellants. I thought it would be worth seeing if things have
generally remained the same with about three more months of
data.
So have things changed? Not really for patent owners.
Statistically, it's still not great to be the patent owner in a
Federal Circuit appeal. In July, I noted that patent owner
appellants lose 79% of the time. With the additional data, patent
owners still lose 79% of the time. The affirmance rates are about
the same from both the PTAB (86% in July compared to 84% now) and
district courts (71% in July compared to
