Tagged with Federal Circuit

Federal Circuit PTAB Appeal Statistics – July 1, 2017

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

Through July 1, 2017, the Federal Circuit decided 224 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 168 (75%) cases, and reversed or vacated the PTAB on every issue in 22 (9.82%) cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 24 (10.71%) cases.

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Supreme Court to Decide Whether Final Written Decision Must Address Every Challenged Claim in an IPR Petition

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

The Supreme Court granted certiorari to review the Federal Circuit’s decision in SAS Institute Inc. v. Lee, 825 F.3d 1341 (Fed. Cir. 2016). The question presented is whether the PTAB must issue a final written decision as to every claim challenged by the petitioner in an IPR petition or only as to some of the challenged claims. For more, see our coverage on Finnegan’s Federal Circuit IP Blog.

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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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