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Federal Circuit PTAB Appeal Statistics – April 1, 2017

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

Through April 1, 2017, the Federal Circuit decided 185 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 142 (76.76%) cases, and reversed or vacated the PTAB on every issue in 16 (8.65%) cases. A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 17 (9.19%) cases.

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

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

In the 47 Final Written Decisions issued by the Patent Trial and Appeal Board in January, the Board cancelled 513 (85.79%) of the instituted claims and declined to cancel 69 (11.54%) of the instituted claims. Patent owners conceded 16 (2.68%) instituted claims through motions to amend or disclaimer.

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Federal Circuit PTAB Appeal Statistics – February 1, 2017

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

Through February 1, 2017, the Federal Circuit decided 161 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 125 (77.64%) of the cases, and reversed or vacated the PTAB on every issue in 13 (8.07%) 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 (8.70%) of the cases.

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