Biotech and Pharma Is the Leading Market Sector for District Court Cases Appealed to the Federal Circuit

RPX data show that the Federal Circuit has seen the greatest number of district court appeals from cases in the Biotech and Pharma market sector. From 2013 to 2019, the Federal Circuit’s docket has included appeals of more than 850 infringement suits targeting products in that sector, followed by Consumer Products (nearly 800 suits) and E-Commerce and Software (over 730).

Additionally, RPX data show that the makeup of the Federal Circuit’s broader patent caseload has shifted over the past two years, during which time appeals from the PTAB have comprised a greater share of the appeals court’s docket than appeals of district court patent cases. See RPX’s recent Data Byte for the full breakdown.