In an article published by Law360, James Dowd, Mark Selwyn and Jose Valenzuela take a look at 10 trends in patent prosecution and intellectual property litigation.
The trends they note within the article include:
- Patent litigation increased significantly in 2020.
- The concentration of patent cases in five venues continued.
- The intersection of IP and antitrust law continued to generate litigation.
- Inter partes review petitions rose, reversing a multiyear trend.
- The success rate for IPR petitions declined significantly.
- The appealability of PTAB decisions to institute or not institute IPR remained a focus.
- The pandemic did not slow the Federal Circuit.
- The Supreme Court declined repeated opportunities to address the standard for patent eligibility.
- Patent applications for artificial intelligence technologies continued to gain attention in the U.S. and worldwide.
- Patent owners contributed to the fight against COVID-19.
