by Dennis Crouch
[Update – I should have noted that these are limited to appeals from the USPTO – primarily IPR decisions focusing on the issue of obviousness]
The pie chart shown here depicts the distribution of Federal Circuit case outputs from 2000 to 2024 across three categories. The plurality of cases, 44%, resulted in a Non-Precedential Opinion, indicating a substantial volume of decisions with limited precedential impact. Following this, 38% of outcomes are categorized as “No Opinion (R.36).” These are cases where the court issued a summary affirmance of a lower tribunal holding without any written explanation. I want to note for a moment here that other federal appellate courts also have an approach known as “summary affirmance, but those courts always provide at least a brief explanation of the ruling and its justification. The Federal Circuit provides no opinion, just the judgment.
The final segment, 18% of dispositions, represent cases with Precedential Opinion. This represents the smallest category and highlighting the court’s selection of cases deemed to warrant formal published opinions with binding effect on subsequent decisions.
That is like taking until May 19th off of work every year (38% of the days).
Then not wanting anyone to rely on what you do from May 19 to October 26.
Then writing formal opinions Oct. 26 to the end of the year.
Unacceptable.