COVID, Kathi Vidal and Judges Alan Albright and Colm Connolly put a charge into intellectual property in 2022. A Virginia trade secret decision made the biggest jury trial splash, while the Federal Circuit poured cold water on the idea of artificially intelligent machines being named inventors.

All was quiet at the Supreme Court, though 2023 promises to be more interesting for IP. The justices’ most consequential decision may have come in June, when they turned down certiorari in the patent eligibility case American Axle v. Neapco Holdings, despite several Federal Circuit judges pleading with them to take it and the solicitor general recommending cert.

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