Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Jennifer Meyer Chagnon, Richard Crudo, Kristina Caggiano Kelly, William Milliken, Anna Phillips, R. Wilson (Trey) Powers III, Ph.D., Deirdre Wells, Jon Wright
Sterne, Kessler, Goldstein & Fox P.L.L.C.
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As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November, members of the public could attend.

Turning to the statistics, the number of appeals from the U.S. Patent and Trademark Office (USPTO) stayed relatively the same as in 2021. The spike in appeals from the Court of Federal Claims that appeared last year has disappeared, with the number now returned to historical levels. The number of appeals from district court also rebounded to the 2020 level. Pendency for Patent Trial and Appeal Board (PTAB) appeals increased in 2022 to the highest ever, at more than 16 months.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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