Federal Circuit PTAB Appeal Statistics – December 15, 2017

Through December 15, 2017, the Federal Circuit decided 289 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 216 (74.74%) cases, and reversed or vacated the PTAB on every issue in 32 (11.07%) cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 29 (10.03%) cases. 

The court dismissed 12 (4.15%) 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 an appeal from a PTAB institution decision.  As the Supreme Court established in Cuozzo Speed Techs., LLC v. Lee, the Federal Circuit is barred from considering appeals from at least certain aspects of institution decisions under 35 U.S.C. § 314(d).  Dismissals may also result from settlements among the parties to the appeal, or where the court determines that a prior