Fed. Circ. Patent Decisions In 2023: An Empirical Review

This annual article provides an empirical review of the U.S. Court of Appeals for the Federal Circuit's decisions in patent cases during calendar year 2023.

We saw a slight uptick in the number of decisions, but not back to pre-pandemic levels due in part to an increasing backlog of cases that are fully briefed and awaiting argument. The court's patent docket was increasingly dominated by cases from the U.S. Patent and Trademark Office; district court appeals were less prevalent last year.