Through October 31, 2020, the Federal Circuit decided 787 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 578 (73.44%) cases, and reversed or vacated the PTAB on every issue in 104 (13.21%) cases. A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 77 (9.78%) cases.
The court also dismissed 28 (3.56%) appeals without rendering a decision on the merits. Dismissals may occur, for example, where the Federal Circuit determines that it does not have jurisdiction to hear an appeal, such as in certain appeals from PTAB institution decisions.
Breaking down the numbers further, in its appeals from IPRs, the Federal Circuit affirmed the PTAB on every issue in 542 (73.24%) cases, reversed or vacated the PTAB on every issue in 100 (13.51%) cases, issued a mixed outcome in 74 (10.00%) cases, and dismissed 24 (3.24%) cases.
In CBM appeals, the Federal Circuit affirmed the PTAB on every issue in 36 (76.60%) cases, issued a mixed outcome in 3 (6.38%) cases, dismissed 4 (8.51%) cases, and reversed or vacated the PTAB on every issue in 4 (8.51%) cases. The number of CBMs on appeal has slowed to a trickle, and these numbers have remained steady over time.
An important tool helping the Federal Circuit manage its significant docket of PTAB appeals is the Rule 36 affirmance, through which the court affirms the PTAB without rendering a full, written opinion. Of the 787 IPR and CBM appeals it has considered thus far, the Federal Circuit issued Rule 36 affirmances in 353 (44.85%) cases. The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 434 (55.15%) cases. The ratio of Rule 36 affirmances to issued decisions has generally trended slightly downward over time.
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