The Biggest Patent Rulings Of 2023: A Midyear Report

Jason Fowler and Richard Rainey's commentary appeared in a Law360 article about the biggest patent rulings in the first half of 2023.

On the Supreme Court's decision in Amgen v. Sanofi, Jason said, "it may be more notable for what it doesn't say than what it does," in reference to the so-called Wands factors.

Richard said, "The fact that the Supreme Court didn't mention them could be a vehicle for some courts to say, 'You know what, those may be useful, but they're not a requirement."

"It frees up district courts to invalidate patents without really focusing on the rubric from prior Federal Circuit decisions," Jason added.

Richard provided additional commentary on the Supreme Court declining to review patent eligibility cases, stating, "You could probably read from that there's at least one or two justices who continue to think this issue is interesting and needing input, but they can't get four justices to vote to take any of these cases up."

Click here to read the full article.