United States: Federal Circuit PTAB Appeal Statistics For May 2023

In May, the Federal Circuit affirmed the PTAB on every issue in 12 (80%) cases on appeal from post-grant proceedings, including in three precedential opinions: Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc. (No. 21-1981), Bot M8 LLC v. Sony Interactive Entertainment LLC (No. 22-1291), and Medtronic, Inc. v. Teleflex Innovations S.A.R.L. (Nos. 21-2356, -2358, -2361, -2363, and -2365). The Federal Circuit issued a mixed outcome in 1 (6.67%) appeal and reversed or vacated every issue in 2 (13.33%) appeals. No appeals were dismissed, which may occur, for example, when the Federal Circuit determines that it does not have jurisdiction […]

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