In FY2014, more than 1,300 IPR requests were filed at the Patent Office and in FY2015, more than 1,600. While the Patent Trial and Appeal Board has been expeditiously handling these proceedings, a question has been looming over what would happen when the wave of appeals from adverse decisions hits the U.S. Court of Appeals for the Federal Circuit, which is the court having exclusive jurisdiction over appeals from IPR decisions. Will it be a tsunami, a gentle lapping of the waves, or something in between? An analysis of the number of IPR appeals at the Federal Circuit can be found on Finnegan’s Federal Circuit IP Blog.
