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ARTICLE · 26 JANUARY 2024

Key Patent Developments Of 2023

Smith Anderson
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In a noteworthy year for patent law, the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit issued several decisions that will shape the patent landscape and the Federal Rules...

United StatesIntellectual Property
Kelsey I. Nix
Kelsey I. Nix
Hope C. Garber
Hope C. Garber
David R. Ortiz
David R. Ortiz

In a noteworthy year for patent law, the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit issued several decisions that will shape the patent landscape and the Federal Rules of Evidence governing expert testimony were amended. The topics of the key cases included procedure in inter partes review proceedings before the Patent Trial and Appellate Board, the enablement requirement, the calculation of patent term adjustments, the public use bar and the prosecution laches defense to infringement claims. In addition, the UK High Court of Justice issued a pair of decisions adjudicating the rate of a fair, reasonable and non-discriminatory license ("FRAND") for standard essential patents.

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