In December, the Federal Circuit affirmed the PTAB on every issue in 9 (90%) cases on appeal from post-grant proceedings, including in one precedential opinion: ParkerVision, Inc. v. Vidal (Case No. 22-1548). The Federal Circuit dismissed 1 (10%) appeal and did not issue any opinions with mixed outcomes (in which at least one issue is affirmed) or any opinions in which every issue was vacated or reversed.
In January, the Federal Circuit affirmed the PTAB on every issue in 14 (93.33%) cases on appeal from post-grant proceedings, including in two precedential opinions: Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc. (No. 22-1410) and CyWee Group Ltd. v. ZTE (USA), Inc. (No. 21-1855). The Federal Circuit dismissed 1 (6.67%) appeal and again did not issue any opinions with mixed outcomes or opinions in which every issue was vacated or reversed.
Through January 31, 2024, the Federal Circuit cumulatively decided 1,262 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.
In IPR appeals, the Federal Circuit has cumulatively affirmed the PTAB on every issue in 884 (74.41%) cases and reversed or vacated the PTAB on every issue in 147 (12.37%) cases. A mixed outcome on appeal occurred in 119 (10.02%) cases, and the court dismissed 38 (3.20%) IPR appeals on non-settlement grounds without rendering a decision on the merits.
In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 15 (71.43%) cases, issued a mixed outcome in 2 (9.52%) cases, and reversed or vacated every issue in 4 (19.05%) cases. No PGR appeals have been dismissed on the merits.
Taken together, in decisions for IPR, CBM, and PGR appeals, the Federal Circuit affirmed every issue in 939 (74.41%) cases, issued a mixed outcome in 125 (9.90%) cases, reversed or vacated every issue in 156 (12.36%) cases, and dismissed 42 (3.33%) cases.
Of the 1,262 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 539 (42.71%) cases. The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 723 (57.29%) cases. The ratio of Rule 36 affirmances to written decisions has trended steadily downward over time.
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