January 7, 2014
We are pleased to present Gibson Dunn’s first "Federal Circuit Year In Review," providing a statistical overview and substantive summaries of the 120 precedential patent opinions issued by the Federal Circuit over the 2012-2013 year. This term was marked by three en banc decisions and several significant shifts in patent law jurisprudence, including significant changes to the law of indirect infringement (Akamai Technologies, Inc. v. Limelight Networks, Inc.), subject matter eligibility for computer implemented method, system and media claims (CLS Bank Intern. v. Alice Corp. Pty. Ltd.) and the burden of proof in a licensee/licensor patent challenge (Medtronic Inc. v. Boston Scientific Corp). The issues most frequently addressed by the Court this last year were obviousness (39 opinions), followed by claim construction (36 opinions), District court procedures (25 opinions), infringement (22 opinions) and anticipation (20 opinions).
The Year In Review provides a concise, substantive analysis of the Court’s decisions, and organizes each case according to the key issues addressed. The easy-to-use Table of Contents is organized by issue, so that the reader can easily identify all of the relevant cases bearing on the issue of choice.
Use the Year In Review to find out …
The Year In Review provides a statistical analysis of how the Federal Circuit has been deciding cases, such as affirmance and reversal rates (by issue and by District Court), average time from lower tribunal decision to key milestones (oral argument, decision), win rate for patentee versus opponent (overall, by issue, and by District Court), decision rate by Judge (number of unanimous, majority, dissent, etc. opinions), etc. The Year In Review is an ideal resource for practitioners seeking an objective report on the Court’s decisions.
To view the Federal Circuit Year in Review – CLICK HERE
Gibson Dunn’s lawyers are available to assist in addressing any questions you may have regarding developments at the Federal Circuit. Please contact the Gibson Dunn lawyer with whom you usually work or the authors of this alert:
Appellate and Constitutional Law Practice Group:
Theodore B. Olson – Washington, D.C. (202-955-8500, firstname.lastname@example.org)
Theodore J. Boutrous, Jr. – Los Angeles (213-229-7000, email@example.com)
Daniel M. Kolkey – San Francisco (415-393-8200, firstname.lastname@example.org)
Thomas G. Hungar - Washington, D.C. (202-955-8500, email@example.com)
Miguel A. Estrada – Washington, D.C. (202-955-8500, firstname.lastname@example.org)
Intellectual Property Practice Group:
Wayne Barsky - Los Angeles (310-557-8183, email@example.com)
Mark Reiter – Dallas (214-698-3360, firstname.lastname@example.org)
Josh Krevitt – New York (212-351-2490, email@example.com)
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