In 2023, the Federal Circuit confirmed Patent Trial and Appeal Board decisions in entirety at a record 83.3%, significantly above the historical average of 74.2%. These figures come from the most recent data compiled by patent attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.
These affirmance rates represent a new high for Patent Trial and Appeal Board decisions, underlining the increasingly decisive nature of these legal proceedings within the Federal Circuit. This may in turn, emphasize the importance for law firms and corporations of adequate preparation and effective advocacy in these cases.
What further insights does this increase bear alongside it? The nuances behind the surge, the strategies adopted, and perhaps deeper impacts on the future of patent jurisprudence in the US, are yet to be explored. For that, legal professionals will find a detailed analysis in the Finnegan Henderson’s report to be both intriguing and informative.