Appeals

• Author: Erika Harmon Arner - Kathleen A. Daley - Michael J. Flibbert
• Pages: 95-107

The Leahy-Smith America Invents Act (AIA) provides for direct appeal from

the Patent Trial and Appeal Board (PTAB) to the Federal Circuit from a nal

written decision.

1

During scal years 2006–2013, less than 150 matters per

year from the US Patent and Trademark Ofce (USPTO) were appealed to

the Federal Circuit.

2

In 2014, the number of appeals increased to nearly

250 and in 2015 the number jumped to over 400.3

Although PTAB proceedings are still relatively new, the Federal Circuit

and Supreme Court have already decided several important issues that affect

these proceedings, including the Federal Circuit’s jurisdiction to hear cer-

tain issues on appeal, the relevant standards of review on appeal, and the

appropriate stay analysis for district court cases that have parallel PTAB

proceedings.

*The authors thank J. Derek McCorquindale and Jason L. Romrell for their signicant con-

tributions in developing this chapter.

1. 35 U.S.C. §§319, 329.

2. See http://www.cafc.uscourts.gov/sites/default/les/the-court/statistics/appeals_led

_in_major_origins_10-year_06-15.pdf.

3. Id.

95

Chapter 4

Appeals*

ame5571_04_ch04_095-108.indd 95 9/30/16 2:34 PM