The U.S. Court of Appeals for the Federal Circuit made significant inroads in legal decisions in 2023, with a notable shift towards less patentee-friendly judgements compared to 2022. This change is clearly evidenced from a thorough empirical review by Dan Bagatell at Perkins Coie.
In 2023, the Federal Circuit heard a total of 306 patent cases, a figure well short of the pre-pandemic average of around 440 cases. The court’s departure from its previous trend of patentee-friendly decisions is noticeable, making 2023 a year of notable legal developments in the field of intellectual property.
Further details of this empirical review, including deep insights into the nature and implications of these patent decisions, are thoroughly covered in an article by Dan Bagatell at Perkins Coie available here.