Review of the year of the federal circuit 2020/2021

January 27, 2022

We are pleased to present Gibson Dunn’s ninth “Federal Circuit Year In Review”, providing a statistical overview and substantial summaries of the 76 previous patent opinions issued by the Federal Circuit between August 1, 2020 and July 31, 2021. This term included a significant panel of patent law case law decisions regarding standing (ABS Global, Inc. v. Cytonome/ST, LLC984 F.3d 1017 (Fed. Cir. 2021) and Gen. elect. Co. c. Raytheon Techs. Corp., 983 F.3d 1334 (Fed. Cir. 2020)); subject eligibility (cxLoyalty, Inc. v. Maritz Holdings Inc.986 F.3d 1367 (Fed. Cir. 2021) and Illumina, Inc. vs. Ariosa Diagnostics, Inc., 967 F.3d 1319 (Fed. Cir. 2020)); place (In re Samsung Electronics. Co.2 F.4th 1371 (Fed. Cir. 2021) and Valeant Pharms. N.Am. LLC v. Mylan Pharms. Inc., 978 F.3d 1374 (Fed. Cir. 2020)); DPI procedures (Facebook, Inc. vs. Windy City Innovations, LLC, 973 F.3d 1321 (Fed. Cir. 2020)); and public accessibility of the state of the art (M&K Holdings, Inc. v. Samsung Elecs. Co.985 F.3d 1376 (Fed. Cir. 2021) and VidStream LLC v Twitter, Inc., 981 F.3d 1060 (Fed. Cir. 2020)). Each of these decisions, as well as all other precedent-setting decisions issued by the Federal Circuit during the 2020-2021 period, are summarized in the Federal Circuit’s Year in Review.

Use the Federal Circuit Year in Review to find out:

  • The easy-to-use table of contents is organized by substantive issue, so the reader can easily identify all relevant cases bearing on the issue of choice.
  • Which issues may have a better chance (or risk) on appeal based on the Federal Circuit’s history of asserting or overriding these issues in the past.
  • The average time from the issuance of a final decision by the district court to Federal Circuit filing and the issuance of a Federal Circuit opinion on appeal.
  • What was the success rate in the federal circuit if you are a patentee or the opponent depending on the issue under appeal.
  • The Federal Circuit’s history of confirming or setting aside cases from a specific district court.
  • What is the probability that a particular panel can render a unanimous opinion or a fragmented decision with a majority, agreement or dissent.
  • The federal circuit’s affirmation/cancellation rate in district court, ITC, and PTO cases.

The Year in Review provides statistical analyzes of how the Federal Circuit ruled on precedent patent cases, such as affirmation and cancellation rates (overall, by issue, and by district court), time average between lower court decision and milestones (plea, decision), win rate for patentee vs. opponent (overall, by issue and by district court), decision rate per judge (number of unanimous, majority, plurality, concurring or dissenting opinions) and other useful measures. 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 leading intellectual property litigation and appellate practices. Our attorneys work together seamlessly on all aspects of patent litigation, including appeals to the federal circuit of district courts and agencies.

Please click here to see the FEDERAL CIRCUIT YEAR IN REVIEW

Gibson Dunn attorneys are available to help answer any questions you may have regarding developments on the federal circuit. Please contact the Gibson Dunn attorney you usually work with or the authors of this alert:

Mark A. Perry – Washington, DC (+1 202-887-3667, [email protected])
Nathan R. Curtis – Dallas (+1 214-698-3423, [email protected])
Florina Yezril – New York (+1 212-351-2689, [email protected])

You may also feel free to contact any of the co-chairs of the following practice groups or any member of the firm’s Right to Appeal and Constitutional or Intellectual Property practice groups:

Appellate and Constitutional Law Group:
Allyson N. Ho – Dallas (+1 214-698-3233, [email protected])
Mark A. Perry – Washington, DC (+1 202-887-3667, [email protected])

Intellectual Property Group:
Kate Dominguez – New York (+1 212-351-2338, [email protected])
Y. Ernest Hsin – San Francisco (+1 415-393-8224, [email protected])
Josh Krevitt – New York (+1 212-351-4000, [email protected])
Jane M. Love, Ph.D. – New York (+1 212-351-3922, [email protected])

© 2022 Gibson, Dunn & Crutcher LLP

Publicity for Lawyers: The enclosed materials have been prepared for general information purposes only and are not intended to provide legal advice.

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