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 Ofce (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 signicant 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.
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Chapter 4
Appeals*
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