2024 brought exciting developments at the Federal Circuit. The court issued its first en banc decision in a patent case in five years in LKQ, which significantly altered the standard for proving obviousness of a design patent. The court also granted an en banc petition in another patent case with EcoFactor, which will address the standard for admissibility of expert testimony on damages based on allegedly comparable licenses.
Turning to the statistics, the number of appeals from the U.S. Patent and Trademark Office (USPTO) dipped dramatically in 2024, while appeals from district court patent cases held steady. Pendency for Patent Trial and Appeal Board (PTAB) appeals increased for the third consecutive year to almost 20 months. The pendency for appeals from the U.S. International Trade Commission (ITC) and district courts also grew.
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