Federal Circuit PTAB Appeal Statistics Through March 31, 2022

Through March 31, 2022, the Federal Circuit decided 1,017 appeals from the PTAB in IPRs, CBMs, and PGRs. While the vast majority of these appeals came from IPRs, the number of PGR appeals has slowly increased over time, partially offsetting a near total decline in the number of CBM appeals.

In IPR appeals, the Federal Circuit has cumulatively affirmed the PTAB on every issue in 701 (73.33%) cases and reversed or vacated the PTAB on […]

By | June 16th, 2022 ||

National Team Secures Appellate Victory On Behalf Of Lithium-Ion Battery Manufacturer

Indian Wells Appellate Partner  Wendy S. Dowse, New York Appellate Partner  James M. Strauss, and Newark Partner  James S. Rehberger recently prevailed in a discretionary appeal when the Appellate Division of the Superior Court of New Jersey held that the lower court erroneously denied Lewis Brisbois’ manufacturer client’s motion to dismiss after improperly determining that the company was subject to New Jersey’s jurisdiction based on an insufficiently-developed record.

As  reported by Law360, the plaintiff in this product liability action filed suit […]

By | January 10th, 2022 ||

Michigan Supreme Court To Reconsider Scarsella v Pollak

Continuing a recent trend of granting leave in medical malpractice cases, the Michigan Supreme Court recently granted the plaintiff’s application for leave in Ottgen v Katranji to address whether its 2000 opinion in Scarsella v Pollak, 461 Mich 547 (2000) was “correctly decided.”  In Scarsella, the Michigan Supreme Court held that a timely complaint filed without the affidavit of merit required by MCL 600.2912d does not toll the statute of limitations.  Chief Justice McCormack and Justice Viviano recently expressed […]

By | January 6th, 2022 ||