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ARTICLE · 02 JULY 2024

Federal Circuit PTAB Appeal Statistics For April And May 2024

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In post-grant appeals from the PTAB to the Federal Circuit in April and May, the outcomes skewed heavily in favor of appellees. In April, the Federal Circuit affirmed the PTAB on every issue in 11 cases (91.67%).

United StatesLitigation, Mediation & Arbitration
Daniel Klodowski
Daniel Klodowski
Audrey J. Parker
Audrey J. Parker
Jason Stach
Jason Stach
Elliot C. Cook
Elliot C. Cook
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In post-grant appeals from the PTAB to the Federal Circuit in April and May, the outcomes skewed heavily in favor of appellees. In April, the Federal Circuit affirmed the PTAB on every issue in 11 cases (91.67%) and reversed or vacated every issue in 1 appeal (8.33%). The court did not issue any opinions with mixed outcomes, in which at least one issue was affirmed and at least one issue was not, and did not dismiss any appeals on substantive (e.g., non-settlement) grounds. None of the post-grant appeals resulted in precedential opinions.

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In May, the Federal Circuit affirmed the PTAB on every issue in 13 cases (86.67%) on appeal from post-grant proceedings and issued 2 opinions (13.33%) with a mixed outcome, including two precedential opinions: IOENGINE, LLC v. Ingenico Inc. (No. 21-1227) and LKQ Corp. v. GM Global Technology Operations LLC (No. 21-2348). The court did not dismiss any appeals on substantive grounds or issue any opinions in which every issue

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