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ARTICLE · 19 OCTOBER 2023

Federal Circuit PTAB Appeal Statistics For August 2023

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In August, the Federal Circuit affirmed the PTAB on every issue in 9 (81.82%) cases on appeal from post-grant proceedings, including in four precedential opinions: Axonics, Inc. v. Medtronic, Inc. (Case No. 22-1532)...

United StatesLitigation, Mediation & Arbitration
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In August, the Federal Circuit affirmed the PTAB on every issue in 9 (81.82%) cases on appeal from post-grant proceedings, including in four precedential opinions: Axonics, Inc. v. Medtronic, Inc. (Case No. 22-1532), Rembrandt Diagnostics, LP v. Alere, Inc. (No. 21-1796), Incept LLC v. Palette Life Sciences, Inc. (No. 21-2063), and Volvo Penta of the Americas, LLC v. Brunswick Corp. (No. 22-1765). The Federal Circuit issued a mixed outcome in 2 (18.18%) appeals, and did not issue any opinions reversing or vacating every issue or dismissing any appeals, which may occur, for example, when the Federal Circuit determines that it does not have jurisdiction over an appeal.

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Through August 31, 2023, the Federal Circuit cumulatively decided 1,195 appeals from the PTAB in IPRs, CBMs, and PGRs. While the vast majority of these appeals came from IPR proceedings, the number of PGR appeals has slowly increased over time.

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