Publications

Data and Trends: AIA PTAB Appeals to the Federal Circuit

Sterne, Kessler, Goldstein & Fox
Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions

These charts and graphs appear in the firm’s Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions report. Please click on the report link for more information and analysis. 

Origin of Appeals Filed

The steady decline in district court patent appeals that began in FY16 continued in FY19, while appeals from the USPTO nudged up to their highest level ever. Source: CAFC

PTAB/AIA appeal pendancy from docketing to opinion continued to hold steady in 2019, with the Federal Circuit having had several years to adjust to its new normal caseload.

47% of the Federal Circuit's PTAB/AIA appeal decisions were Rule 36 summary affirmances in 2019, about the same share as in the previous year.

Overall in 2019, 76% of PTAB/AIA decisions were affirmed, 16% were remanded, 6% were reversed, and 2% were dismissed. The affirmance rate has checked in between 73% and 76% for each of the last four years.

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