Partner Kerry Taylor and Associate Clayton Henson co-authored, “ IPR Appeals In 2017: The Outcomes In Remands To PTAB,” which was published in Law360.
Excerpt: Inter partes review proceedings before the Patent Trial and Appeal Board have been in existence for over five years now, and have yielded over 1,800 final written decisions. In many instances, parties dissatisfied with the PTAB’s final written decisions have pursued appeals to the Federal Circuit. The vast majority of the time (roughly 72 percent), the Federal Circuit affirms the PTAB’s decision. A small minority of the time (roughly 4 percent), the Federal Circuit overturns the PTAB’s decision without remand. In some instances (roughly 20 percent), however, the Federal Circuit vacates and remands at least a portion of the PTAB’s decision.
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