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ARTICLE · 23 MAY 2024

The Precedent: Vol 002

Vorys Sater Seymour & Pease
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Welcome to this issue of The Precedent, which covers those opinions from Q3 and Q4 of 2023 that the Federal Circuit designated as precedential and worthy of publication in the Federal Reporter.

United StatesIntellectual Property
Aaron M. Williams
Aaron M. Williams
Michael J. Garvin
Michael J. Garvin
Bradley A. Hough
Bradley A. Hough

Welcome to this issue of The Precedent, which covers those opinions from Q3 and Q4 of 2023 that the Federal Circuit designated as precedential and worthy of publication in the Federal Reporter.

In the second half of 2023, the Federal Circuit issued 35 precedential opinions regarding intellectual property issues. Sixty percent (21 of 35) of those opinions were on appeals from the United States Patent and Trademark Office. The Federal Circuit affirmed the decision of the agency's appeal boards in 53% (11 of 21) cases, which was higher than the court's average of 46% (16 of 35) across all appeals.

As was the case in Q2 of 2023, the most common issue addressed by the Federal Circuit's precedential opinions was the obviousness standard for patent invalidity under 35 U.S.C. § 103. Those decisions accounted for 32% (11 of 35) of the Federal Circuit's precedential opinions in the second half of 2023 and were almost exclusively decided on appeals from the Patent

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