In a noteworthy year for patent law, the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit issued several decisions that will shape the patent landscape and the Federal Rules of Evidence governing expert testimony were amended. The topics of the key cases included procedure in inter partes review proceedings before the Patent Trial and Appellate Board, the enablement requirement, the calculation of patent term adjustments, the public use bar and the prosecution laches defense to infringement claims. In addition, the UK High Court of Justice issued a pair of decisions adjudicating the rate of a fair, reasonable and non-discriminatory license (“FRAND”) for standard essential patents.

This White Paper summarizes and explains some of the most significant patent law decisions of 2023. These decisions have meaningful implications for patent owners, defendants and patent practitioners alike.