Category: PTAB Stats

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.

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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

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Federal Circuit PTAB Appeal Statistics – May 1, 2017

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

Through May 1, 2017, the Federal Circuit decided 200 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 150 (75%) cases, and reversed or vacated the PTAB on every issue in 17 (8.50%) 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 (11.50%) cases.

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