What Happened
2022 was a year of consolidation in patent law. No blockbuster Supreme Court decisions, but plenty of important developments in the Federal Circuit, district courts, and at the PTAB. The big themes: venue battles continued, eligibility uncertainty persisted, and the PTAB matured as an alternative to district court litigation.
Why It Matters
Venue remained the hottest topic. Judge Albright's Waco division kept attracting patent plaintiffs—over 1,000 filings in 2021 and no slowdown in 2022. Why? Fast trials, predictable procedures, and a reputation for being plaintiff-friendly. The Federal Circuit pushed back, granting mandamus petitions to transfer cases to more appropriate venues, particularly the Northern District of California where many tech defendants are based. But Waco remains popular.
On eligibility, the Alice framework continued to create uncertainty. Software patents faced challenges, though some survived by emphasizing technical improvements. Biotech patents faced enablement scrutiny, with the Amgen case working through the Supreme Court. Congress talked about reforming Section 101 but didn't act.
At the PTAB, the Arthrex decision's aftermath played out. The Supreme Court had found PTAB judges unconstitutionally appointed, and the fix was to allow Director review of PTAB decisions. By 2022, that system was operational, with the Director granting review in about 5-10% of requests.
What You Should Know
For 2023, watch the Amgen decision (expected mid-year), which could reshape biotech patent claiming. Watch whether Congress acts on eligibility reform (possible but uncertain). And watch whether Waco's filing surge continues or moderates under Federal Circuit scrutiny.
The practical advice remains steady: choose venue carefully, consider PTAB challenges early, draft with eligibility in mind, and prepare for claim construction battles. The fundamentals haven't changed, even as the details keep evolving.