Washington D.C. (February 3, 2020) – Sterne, Kessler, Goldstein & Fox is pleased to release Federal Circuit Appeals from the PTAB: Summaries of Key 2019 Decisions. The third annual report provides insights into last year’s significant rulings in appeals from the USPTO’s Patent Trial & Appeal Board and provides a summary of statistical trends. The editors of the 2019 report are Directors Jon E. Wright and Michael Joffre, Ph.D., who also serves as an author. The articles are authored by Directors Byron L. Pickard, Deirdre M. Wells, Pauline M. Pelletier, and R. Wilson "Trey" Powers III; Counsel Kristina Caggiano Kelly and Anna G. Phillips; and Associate William H. Milliken.
In 2019, the U.S. Court of Appeals for the Federal Circuit docketed just over 650 appeals from the U.S. Patent and Trademark Office (USPTO). That is the highest number since the Court started to hear post-America Invents Act (AIA) cases in 2014, breaking the previous record from 2016. For the fourth straight year, cases from the USPTO remain the largest contributor to the Federal Circuit’s docket. Despite this continued high volume, average appeal pendency for 2019 remains fairly stable at around 15 to 16 months. Notably, appeals taken from federal district courts dropped to their lowest number in the past decade, to around half those originating from the USPTO.
An examination and analysis of these trends and the topics of standing, sovereign immunity, constitutionality, and antedating references are among the many pertinent issues addressed in the 2019 report.
The full publication, Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions and the individual articles are available on the firm’s website here in both HTML and PDF formats. The firm is publishing a companion report focused on cases before the PTAB in 2019 later this month.
About Sterne Kessler
Based in Washington, D.C. and renowned for more than four decades for dedication to the protection, transfer, and enforcement of intellectual property rights, Sterne Kessler is one of the most highly regarded intellectual property specialty law firms in the world. Its team of attorneys, registered patent agents, students, and technical specialists include some of the country's most respected practitioners of IP law tackling innovations across a broad spectrum of industries. The firm’s practitioners hold over 50 masters and over 50 doctorate degrees in science or engineering and represent Fortune 500 companies, entrepreneurs, start-ups, inventors, venture capital firms, and universities in a client service driven environment that is welcoming, inclusive, and intellectually stimulating. Visit the firm online at sternekessler.com.