In June, a relatively favorable month for appellees, the Federal Circuit issued 20 opinions in appeals from IPR and PGR post-grant proceedings before the Patent Trial and Appeal Board. The court affirmed the PTAB on every issue in 12 cases (60%), including a precedential opinion in Agilent Technologies, Inc. v. Synthego Corp. (No. 23-2186). The court issued three opinions (15%) with mixed outcomes, in which at least one issue was affirmed and at least one issue was not, and dismissed one appeal (5%) on substantive (e.g., non-settlement) grounds in a precedential opinion in Dolby Laboratories Licensing Corp. v. Unified Patents LLC (No. 23-2110). The court rendered four opinions in which every issue was reversed or vacated (20%), including precedential opinions in Eye Therapies, LLC v. Slayback Pharma LLC (No. 23-2173) and Ancora Technologies, Inc. v. Roku, Inc. (No. 23-1674). 3
Through June 30, 2025, the Federal Circuit cumulatively decided 1,474 appeals from the PTAB in IPRs, CBMs, and PGRs. While the vast majority of these appeals came from IPR proceedings, the number of PGR appeals has slowly increased over time.
In IPR appeals, the Federal Circuit has cumulatively affirmed the PTAB on every issue in 1,040 cases (74.77%) and reversed or vacated the PTAB on every issue in 170 cases (12.22%). A mixed outcome on appeal occurred in 140 cases (10.06%), and the court dismissed 41 IPR appeals (2.95%) without rendering a decision on the merits.
In PGR appeals, the Federal Circuit cumulatively affirmed the PTAB on every issue in 19 cases (65.52%), issued a mixed outcome in 3 cases (10.34%), and reversed or vacated every issue in 6 cases (20.69%). 1 PGR appeal (3.45%) has been dismissed on substantive grounds.
Taken together, in decisions for IPR, CBM, and PGR appeals, the Federal Circuit affirmed every issue in 1,100 cases (74.63%), issued a mixed outcome in 147 cases (9.97%), reversed or vacated every issue in 181 cases (12.28%), and dismissed 46 cases (3.12%) on substantive grounds.
Of the 1,474 IPR, CBM, and PGR cumulative appeals that it has considered, the Federal Circuit issued Rule 36 affirmances in 613 cases (41.59%). The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 861 cases (58.41%). The ratio of Rule 36 affirmances to written decisions has generally trended downward over time, including through June.
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