Federal Circuit Review: The Most Important Decisions of 2023 *

Federal Circuit Review: The Most Important Decisions of 2023 *

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With jurisdiction over all patent appeals from cases originating in the federal district courts, the International Trade Commission, and the United States Patent and Trademark Office, the United States Court of Appeals for the Federal Circuit (CAFC) is essentially the chief patent court in the United States. Also on the CAFC docket relative to the intellectual property world are appeals in matters originating on the trademark side of the USPTO, which travel to the CAFC through the Trademark Trial and Appeal Board (TTAB).

This panel will take a look back at the most important decisions from the Federal Circuit over the past year. Each panelist will provide their top pick for the most important decision (and explain why) and offer several honorable mention decisions. Among those cases that will be discussed are:

(1) Rembrandt v. Diagnostics, LP v. Alere, Inc. (Decided August 11, 2023)

(2) Axonics, Inc. v. Medtronic, Inc. (Decided July 10, 2023)

(3) Medtronic, Inc. v. Teleflex Innovations S.A.R.L. (Decided May 24, 2023)

(4) Ironburg Inventions Ltd. v. Valve Corp. (Decided April 3, 2023)

(5) Roku, Inc. v. Universal Electronics (Decided March 31, 2023)

(6) Alterwan, Inc. v. Amazon.com, Inc. (Decided March 13, 2023)

(7) SSI Technologies, LLC v. Dongguan Zhengyang Electronic Mechanical Ltd. (Decided February 13, 2023)

(8) LKQ Corp. v. GM Global Technology Operations, LLC (Decided January 20, 2023)

Materials

The Campaign Against Judge Newman Underscores the Downfall of the Federal Circuit

Will the Supreme Court Save Biopharma from CAFC Enablement Insanity?

Exploring the CAFC’s Ridiculous Written Description Standard for Life Sciences Patents

Dissent Today, Majority Tomorrow—A Federal Circuit Approach to Rehearing