Authored by John LeRoy and Hope Techlin
Eligibility under 35 U.S.C. § 101
Over 100 Federal Circuit opinions addressing the merits of 35 U.S.C. § 101 over the last five years were reviewed to develop a breakdown of eligibility outcomes by authoring Federal Circuit judge. The analysis revealed that challenged claims are deemed patent ineligible approximately nine times more often that claims deemed patent eligible.
Most § 101 Cases: Judge Stoll, Judge Prost, and Judge Reyna
Most Eligibility Findings: Judge Stoll and Judge Moore
Most Ineligibility Findings: Judge Prost, Judge Reyna, and Judge Lourie
Appendix A provides the dataset supporting these results.
Review of Patent Damages Awards
40 Federal Circuit opinions reviewing district court patent damages awards over the last five years were reviewed to identify the number of affirmed, vacated, or remanded decisions by authoring judge. The analysis showed an even 50/50 split between affirmed and vacated-or-remanded outcomes, with no apparent trend by authoring judge.
Appendix B provides the dataset supporting these results.
About Brooks Kushman P.C.
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