Federal Circuit PTAB Appeal Statistics For February 2023

[Editor's Note: Given the near-total decline of CBM appeals since the sunset of the CBM program in September 2020, we will no longer list CBM appellate outcomes in our monthly statistics charts. We will continue to include historical CBM outcomes in our cumulative PTAB statistics.]

In February, the Federal Circuit affirmed the PTAB on every issue in 9 (81.82%) cases on appeal from post-grant proceedings and reversed or vacated on every issue in 2 (18.18%) cases. The Federal Circuit did not issue any mixed outcome opinions, nor did it dismiss any appeals, which may occur, for example, when the Federal Circuit determines that it does not have jurisdiction over an appeal.

Through February 28, 2023, the Federal Circuit cumulatively decided 1,116 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.