2024 CAFC Intelligence Report: Key Insights in Appellate IP Litigation

The intellectual property landscape constantly evolves, with the U.S. Court of Appeals for the Federal Circuit (CAFC) serving as a central forum in shaping patent law. Tomorrow, Patexia will release the 2024 CAFC Intelligence Report, a comprehensive tool for stakeholders, providing an in-depth analysis of trends, performance metrics, and key players involved in the CAFC over the past five years. Covering cases from July 1, 2019, to June 30, 2023, the report sheds light on the CAFC's role in patent litigation, with trends from the PTAB, ITC, and district courts that are shaping future outcomes.

Trends in CAFC Appeals: A Five-Year Analysis

Our data reveals notable fluctuations in appellate activity. After a peak in 2019, there was a steady decline through 2021, followed by a resurgence in 2022. This shift reflects a dynamic landscape where changes in patent law, key rulings, and evolving litigation strategies influence appeal volumes.

The surge in 2019 likely mirrored a period of active litigation fueled by strategic responses to new precedential rulings, prompting stakeholders to pursue appellate review. The dip in appeals from 2020 to 2021 may be attributed to adjustments in litigation budgets and stabilized trial strategies. However, the increase in 2022 suggests renewed confidence in appellate proceedings, perhaps due to evolving case law or CAFC interpretations of critical statutes and procedures. This upward trend reflects the CAFC’s role in cases affecting patent validity and enforcement, with litigants increasingly using appeals to shape or challenge recent decisions.

This five-year trend offers valuable insights for attorneys and law firms, as understanding the ebb and flow of CAFC appeals can help shape litigation planning. For a more granular breakdown of appeals by origin—whether from PTAB, ITC, or district courts—and their outcomes, take a look at the chart below:

This chart provides clarity on which types of cases and originating bodies most frequently contribute to appeal volume, helping firms fine-tune their appellate strategies based on recent trends and case types.

Key Insights from the 2024 CAFC Intelligence Report

The report equips companies, law firms, and attorneys with essential data to refine strategies and understand their positioning within the CAFC framework, featuring:

• Trends in Appeals: A detailed analysis of case volume fluctuations and subject matter shifts across five years.
• Case Origins: PTAB remains the primary source of appeals, contributing over 63% of cases, followed by district courts and a smaller portion from the ITC—valuable for identifying the key drivers in appellate litigation.
• Outcomes and Precedential Impact: Affirmances and dismissals lead CAFC rulings, while only a small percentage are precedential, setting new legal standards in IP law.
• Top Companies, Firms, and Attorneys: Rankings based on activity and performance highlight leaders like Apple among companies, Fish & Richardson among firms, and attorneys such as Naveen Modi.
• Judicial Analysis: Insights into judicial tendencies help litigants predict favorable or adverse rulings, enhancing their strategic approach.

With detailed success rates, judicial preferences, and rankings of leading entities, the CAFC Report is a vital resource for those engaged in appellate IP litigation. It also offers insights on lateral moves, examining how attorney mobility affects firm dynamics and client outcomes.

Last Chance for Pre-Order Pricing

The 2024 CAFC Intelligence Report is available for pre-order at a special rate until tomorrow. Secure this exclusive opportunity to equip your team with the latest data on CAFC litigation trends—pre-order your copy today!