RPX published a nice summary on what US patent issues are appealed to the Federal Circuit:
"RPX data on the Federal Circuit show that infringement is the most common issue appealed
from district court patent cases, appearing in over 450 appeals. Claim construction and
invalidity (under Sections 102/103/112) are the next two most frequent issues, each of which
appears in over 300 appeals. Two other key issues round out the top five: damages/fees/costs
(appearing in around 275 appeals) and invalidity under Alice/Section 101 (just over 240
appeals)."
Note the low reversal rates of many issues appealed point to the importance of winning at trial. As Judge Rich might say, "the name of the game is the claim."
For more detail: RPX Infringement Is the Top District Court Issue Appealed to the Federal Circuit
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