Tagged with Federal Circuit

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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Wi-Fi One’s Supplemental Brief Urges En Banc Federal Circuit to Permit Appellate Review of PTAB Time-Bar Decisions

Authors: Robert K. High III
Editor: James D. Stein

Wi-Fi One has submitted its supplemental briefing in Wi-Fi One, LLC v. Broadcom Corp., Nos. 2015-1944, -1945, -1946, urging the en banc court to overturn its decision in Achates Reference Publishing Inc. v. Apple Inc., 803 F.3d 652 (Fed. Cir. 2015), holding that that the PTAB’s decision regarding the timeliness of an IPR petition under 35 U.S.C. § 315(b) is unreviewable. In Achates, the Federal Circuit interpreted § 314(d), which makes the decision whether to institute “final and nonappealable,” as precluding this review. Continue reading

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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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