Federal Circuit Frequently Affirms Most Issues Appealed from District Court Patent Cases

RPX data show that the Federal Circuit affirms more than half of appeals from district court patent cases on several of the top issues appealed. Notably, the court tends to uphold claim construction rulings: in appeals decided from 2013 through 2019, it affirmed in 59% of the appeals where a Markman order was at issue. The Federal Circuit also affirmed in 57% of the appeals where an infringement ruling was at issue during that period.

Meanwhile, appeal outcomes for (district court decisions) addressing patent validity vary based on the type of challenge. The Federal Circuit has affirmed in 53% of appeals involving validity decisions based on Sections 102, 103, and 112, but the rate of affirmance jumps to 68% for appeals based on patent eligibility under Section 101.

Top District Court Patent Issues Appealed by Outcome

Note: Appeals are here considered to have “likely settled” when RPX sees an unopposed, stipulated, voluntary, or otherwise uncontested dismissal, or when the parties consent to judgment.

Why RPX?

At RPX, we believe that the best defense is a good offense. That’s why since our inception in 2008, we’ve purchased rights to over 47,800 patent assets to mitigate patent risk for our members. As one of the most active participants in the patent market, RPX has compiled proprietary data on thousands of litigations and patent transactions. With RPX, companies have access to reliable information about the patent market, helping them to better understand this constantly changing landscape. Through our data and research on patent litigation and the patent marketplace, we’re able to provide our members with the most complete view of the current picture.

As the patent litigation landscape continues to change, RPX will keep innovating and staying ahead of the future risks our members face. Contact us today to find out how RPX can help your company manage patent risk at every level.