Increasing Fed. Circ. IPR Appeals Are Shaping Patent Law

Law360 (May 22, 2020, 2:05 PM EDT) -- Appeals to the U.S. Court of Appeals for the Federal Circuit from the U.S. Patent and Trademark Office have increased exponentially over the last few years while the number of appeals from district court cases has declined, as demonstrated by a statistical comparison of historical data (2017-2019) with data from the current session (Oct. 2, 2019, through the present).[1]

This marks a significant shift from even four years earlier, when the Federal Circuit disposed of 614 appeals from district courts compared to 233 appeals from the USPTO.

The apparent cause for the shift should come as no surprise. The validity of...

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