Federal Circuit PTAB Appeal Statistics – January 1, 2017

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

Through January 1, 2017, the Federal Circuit decided 155 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 120 (77.42%) of the cases, and reversed or vacated the PTAB on every issue in 13 (8.39%) of the cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 14 (9.03%) of the cases.


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IPR and CBM Statistics for Final Written Decisions Issued in November 2016

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

In the 75 Final Written Decisions issued by the Patent Trial and Appeal Board in November, the Board cancelled 806 (71.14%) of the instituted claims and declined to cancel 327 (28.86%) of the instituted claims.  Patent owners did not concede any instituted claims through motions to amend or disclaimer.

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PTAB: What to Expect on Remand

Authors: Anthony A. Hartmann
Editor: James D. Stein

Only a portion of Federal Circuit decisions on appeals from IPRs and CBMs have remanded the cases in full or in part to the Patent Trial and Appeal Board (“PTAB”). These remanded cases have been working their way through the PTAB, leading to new final written decisions.

While there are rules and statutes governing the timing of the trial phase of a PTAB proceeding, there are no such rules governing the remand process. Thus, a review of the PTAB docket is needed to determine what a party can expect on remand. While the procedures used on remand can be panel-specific, there are some similarities. Continue reading

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