Federal Circuit PTAB Appeal Statistics – August 1, 2017

Authors: David C. SeastrunkDaniel F. KlodowskiElliot C. Cook
Editor: Jason E. Stach

Through August 1, 2017, the Federal Circuit decided 236 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 175 (74.15%) cases, and reversed or vacated the PTAB on every issue in 25 (10.59%) cases. A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 26 (11.02%) cases.

Continue reading

PTO Designates Precedential its Athena Automation Decision on Assignor Estoppel in IPR

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

The PTAB designated as precedential its Institution Decision in Athena Automation Ltd. v. Husky Injection Moldings Systems Ltd., IPR2013-00290, Paper No. 18 (Oct. 25, 2013). According to the Patent Office’s message announcing this new precedential designation, “[t]his decision determines that the doctrine of assignor estoppel is not an exception to 35 U.S.C. § 311(a), which allows ‘a person who is not the owner of a patent’ to file a petition for inter partes review.” Continue reading

Tagged , , ,

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

Authors: Daniel F. KlodowskiElliot C. CookDavid C. Seastrunk
Editor: Aaron L. Parker

The Patent Trial and Appeal Board issued 50 Final Written Decisions in June.  It was a relatively difficult month for patent owners, with the Board cancelling 555 (80.32%) of the instituted claims while declining to cancel 114 (16.50%) of the instituted claims.  Patent owners conceded 22 (3.18%) 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 75%, and the rate of cancelled claims in May was about 48%.

Continue reading

Tagged , , , , , , , , ,