Over the last 5 years (FY 2017-2021) about 61 percent of the cases at the Court of Appeals for the Federal Circuit (CAFC) concern patents. There are three sources for those cases: District Courts, the PTO, and the International Trade Commission (ITC).
Of those three sources, the PTO has provided 63% of the cases, the District Courts have provided most of the remainder, and the ITC has provided a handful.
How many of these cases were reversed? Roughly 12% were overturned overall. Of the cases that came from the PTO, 11% were reversed. Of the cases that came from the District Courts, 13% were reversed. Finally, of the handful of cases that came from the ITC, 12% were reversed. But the last two years produced no reversals from the ITC-originated cases. 2018 saw 33% of the ITC-originated cases reversed, while 2017 and 2019 saw 14% and 13% respectively.
So overall, patent related appeals take up just under 61% of the CAFC’s total cases, and of those, only about 12% are reversed.
All data was taken from the US Court of Appeals for the Federal Circuit’s Reports and Statistics pages.