November 26, 2018
We are pleased to present Gibson Dunn’s sixth “Federal Circuit Year In Review,” providing a statistical overview and substantive summaries of the 140 precedential patent opinions issued by the Federal Circuit over the 2017-2018 year. This term was marked by four en banc decisions, as well as significant panel decisions in patent law jurisprudence with regard to subject matter eligibility (e.g., Berkheimer v. HP Inc., 881 F.3d 1360 (Fed. Cir. 2018), and Aatrix Software, Inc. v. Green Shades Software, Inc., 882 F.3d 1121 (Fed. Cir. 2018)); venue for patent cases (In re Cray Inc., 871 F.3d 1355 (Fed. Cir. 2017)); and indefiniteness (MasterMine Software, Inc. v. Microsoft Corp., 874 F.3d 1307 (Fed. Cir. 2017)). The issues most frequently addressed in precedential decisions by the Court over the last year were: obviousness (50 opinions); anticipation (27 opinions); claim construction (24 opinions); jurisdiction, venue, and standing (22 opinions); and infringement (20 opinions).
Use the Federal Circuit Year In Review to find out:
The Year In Review provides statistical analyses of how the Federal Circuit has been deciding precedential patent cases, such as affirmance and reversal rates (overall, 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, plurality, concurring, or dissenting opinions), and other helpful metrics. The Year In Review is an ideal resource for participants in intellectual property litigation seeking an objective report on the Court’s decisions.
Gibson Dunn is nationally recognized for its premier practices in both Intellectual Property and Appellate litigation. Our lawyers work seamlessly together on all aspects of patent litigation, including appeals to the Federal Circuit from both district courts and the agencies.
Please click here to view the FEDERAL CIRCUIT YEAR IN REVIEW
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:
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Nathan R. Curtis – Dallas (+1 214-698-3423, firstname.lastname@example.org)
Intellectual Property Group:
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Josh Krevitt – New York (+1 212-351-4000, firstname.lastname@example.org)
Mark Reiter – Dallas (+1 214-698-3100, email@example.com)
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