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Will Your Appeal Have Argument Soon? Part II

Now that the Court is open to the public—not just for arguing counsel but for anyone to watch arguments and visit the Court—I thought it was time to take a look at argument timing again....more

Last Week In The Federal Circuit (October 10 – October 14): Intrigue, Espionage, Judicial Review, and Administrative Law

The Supreme Court term has started, and the Court once again seems to be dipping its toes in the water with more CVSGs in 101 cases. Maybe this time the Court will take the plunge. For our case of the week—our highly...more

Supreme Court Preserves (Again) Inter Partes Review Despite Finding Constitutional Violation

The Supreme Court issued its long-awaited decision Monday in United States v. Arthrex, Inc., Nos. 19-1434, -1452, -1458. Although a majority of the Court held that Congress’s statutory scheme violated the Constitution, the...more

Will Your Appeal Have Argument Soon?

There’s a perception in the Federal Circuit bar that that Court has been scheduling cases for oral argument a bit quicker recently.  Now, on some levels, it’s all relative—the Federal Circuit has always been pretty quick in...more

Order of Interest – Can You Challenge The Denial Of Institution Without Showing A Deprivation Of Life, Liberty, Or Property?

Originating tribunal: Patent Trial and Appeal Board - Date: March 12, 2021 - Panel: Judges Newman, Moore, and Stoll, with Judge Moore writing the precedential order - Result: Appeal dismissed, and mandamus...more

Last Week in the Federal Circuit (February 22-26): Who Needs Cross Examination? Issue Preclusion Before the PTAB

All eyes are on Arthrex this week, right?  So of course we decided to take a look at a Board decision, and one that—so says the dissent—creates a circuit split.  Below we provide our usual weekly statistics and our case of...more

Assignor Estoppel for the Win? A Quick Look at the Supreme Court’s Grant in Minerva and Denial of the Accompanying Cross-petition

As many readers know, the Supreme Court just granted a petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc. The case asks the Supreme Court to abolish the doctrine of assignor estoppel. But the Supreme Court...more

Last Week in the Federal Circuit (January 4-8): Mooting your opponent’s appeal

Now that the new year has started, we’re seeing an uptick in precedential opinions.  This week we decided to turn back to patent appeals, taking a look at IPRs and Article III—always a fun topic.  Below we provide our usual...more

Last Week in the Federal Circuit (December 14-18): And/or confusion

Last week, we got what may be the last big batch of Federal Circuit opinions of 2020.  (In 2019, only six more opinions issued between this time and the end of the year.)  Although most of last week’s decisions were issued...more

We Updated Our Stats and Looked at the Timing of Appeals

We updated our stats, so we now have over a year of data since we started collecting data from every Federal Circuit decision.  As such, we thought we might take a look at some of the timing data on Federal Circuit appeals. ...more

Last Week in the Federal Circuit (December 7-11): Standing and Invalidating the Court’s Own Local Rule

This week we talk about the most important standing decision decided by any court last week.  Ok, perhaps, it was the second most important standing decision.  Last week’s case addresses who may sue, and when they must sue...more

Last Week in the Federal Circuit (September 21-25): Joinder and Statutory Estoppel

The Federal Circuit had a fairly busy week as summer officially came to a close.  It issued six written decisions last week, three precedential.  Below we provide our usual weekly statistics and our case of the week—our...more

Last Week in the Federal Circuit (September 7-11): Another Arthrex Follow-on

Maybe it was the end of summer and the start of fall, or the kids (kind of) going back to school. But whatever it was, last week the Court issued only one precedential decision, in a veteran’s benefits case. All said, the...more

Last Week in the Federal Circuit (August 31-September 4): Same-Party Joinder Still Not Thryv-ing

Last week was September Court week, marking the unofficial end of summer for Federal Circuit practitioners. The Court issued a total of 25 decisions, including 8 Rule 36 summary affirmances in cases argued last week, as well...more

All or Nothing: Supreme Court Prohibits PTAB From Partially Instituting AIA Petitions Challenging Patents

On the same day that patent challengers breathed a sigh of relief once the Supreme Court upheld the constitutionality of inter partes review (IPR) in Oil States, the Court also threw a monkey wrench into the way IPRs will be...more

Supreme Court IP Decision Preserves Inter Partes Review Process

After the biggest challenge yet to the Patent and Trademark Office’s popular inter partes review proceedings, the name of the game is largely “same old” for today’s Supreme Court decision in Oil States Energy Services, LLC v....more

Supreme Court Defers to Patent Office on IPR Procedure, Cuozzo Speed Tech., LLC v. Lee

The United States Supreme Court decided today that: (1) the United States Patent and Trademark Office (PTO) acted within its rulemaking authority by adopting the rule that patent claims must be given their “broadest...more

MoFo IP Newsletter - April 2016

The 2015 Changes to the Federal Rules Matter for Your Patent Case and Tech Business: Getting in the Courthouse Door Just Got Tougher - It used to be that a complaint for patent infringement would survive a motion to...more

Will the Supreme Court Put the Brakes on the IPR Trend? Cuozzo Speed Tech., LLC v. Lee

Not so fast: the United States Supreme Court is set to review the America Invents Act’s (“AIA”) fast-track inter partes review (“IPR”) process. On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed...more

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