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ARTICLE · 11 JANUARY 2022

2022 Trends And Predictions For Patent Litigation

Morrison Foerster
Morrison Foerster
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Morrison Foerster

Morrison Foerster

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As the calendar flips to 2022, intellectual property litigators are wondering what the new year has in store.

United StatesIntellectual Property
Richard Hung
Richard Hung
Bita Rahebi
Bita Rahebi
Mark Whitaker
Mark Whitaker
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As the calendar flips to 2022, intellectual property litigators are wondering what the new year has in store.

We predict substantive and procedural uncertainty in two key areas. Substantively, there will be continued demands for clarity on Section 101 law, but no real clarity. Procedurally, recent U.S. Court of Appeals for the Federal Circuit mandamus decisions will cause patentees to reconsider their venue selections.

The only certainty this year is that hybrid work will continue, as litigants grow even more accustomed to remote work and new variants temper our return to physical offices.

No Real Clarity on Section 101

Walk into a room of sophisticated patent litigators, and talk will invariably turn to one thing: What is happening with patent eligibility law?

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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