Federal Circuit PTAB Appeal Statistics – June 1, 2017

Authors: David C. SeastrunkDaniel F. Klodowski, Elliot C. Cook
Editor: Jason E. Stach

Through June 1, 2017, the Federal Circuit decided 210 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 155 (73.81%) cases, and reversed or vacated the PTAB on every issue in 22 (10.48%) cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 23 (10.95%) cases.

Continue reading

IPR and CBM Statistics for Final Written Decisions Issued in April 2017

Authors: Daniel F. Klodowski, Elliot C. CookDavid C. Seastrunk
Editor: Aaron L. Parker

The Patent Trial and Appeal Board issued 17 Final Written Decisions in April, cancelling 248 (86.11%) of the instituted claims while declining to cancel 30 (10.42%) of the instituted claims.  Patent owners conceded 10 (3.47%) instituted claims through motions to amend or disclaimer in cases reaching a final decision.  For comparison, the cumulative average rate of claims cancelled in final written decisions is about 74%. Continue reading

Tagged , , , , , , , , ,

Supreme Court to Decide Whether Final Written Decision Must Address Every Challenged Claim in an IPR Petition

Authors: James D. Stein 
Editor: Jason E. Stach

The Supreme Court granted certiorari to review the Federal Circuit’s decision in SAS Institute Inc. v. Lee, 825 F.3d 1341 (Fed. Cir. 2016). The question presented is whether the PTAB must issue a final written decision as to every claim challenged by the petitioner in an IPR petition or only as to some of the challenged claims. For more, see our coverage on Finnegan’s Federal Circuit IP Blog.

Continue reading

Tagged , , , , , , , ,