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ARTICLE · 04 MARCH 2025

Trending At The PTAB: Insights From 2024 Fed. Circ. Statistics

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Since 2015, when the U.S. Court of Appeals for the Federal Circuit started to issue decisions in appeals from the Patent Trial and Appeal Board...

United StatesLitigation, Mediation & Arbitration
Erik Puknys
Erik Puknys
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Since 2015, when the U.S. Court of Appeals for the Federal Circuit started to issue decisions in appeals from the Patent Trial and Appeal Board, the affirmance rate of the PTAB's decisions has hovered around 70% to 80%.

The rate of the court reversing or vacating in full or in part a PTAB decision has remained low. Through the end of 2023, the Federal Circuit affirmed every issue in about 74% of PTAB appeals, including inter partes review, covered business method and post-grant review appeals, but not ex parte appeals, while the reversals and vacaturs, including partial affirmance decisions, amounted to fewer than 23%.1

Appellants were even less successful in 2024.2 We identified 219 Federal Circuit decisions for PTAB appeals: 184 (84%) were affirmed in full, 12 (5.5%) were reversed, at least in part, and 23 (10.5%) were vacated, at least in part, and remanded. This article reviews those decisions and identifies the types of issues that were successfully appealed.

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