Since we started this blog, we have taken a look at win-loss percentages a number of times. Now that we recently updated our statistics, we took another look. This time we thought we’d add a twist to our calculations by...more
Out with the old, and in with the new: it’s Court week for the short February month, so we thought we’d revisit what happened at oral arguments last month and what’s happening now....more
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
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
1/11/2021
/ Appeals ,
Article III ,
Burden-Shifting ,
Inter Partes Review (IPR) Proceeding ,
Mootness ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Rule 36 ,
Standing ,
Vacatur
We decided to start the new year off with a little practice pointer. We noticed that the Court rejected a brief today (not ours) for failing to comply with several rules. One basis for the rejection is a rule that often is...more
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, 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
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
12/15/2020
/ Article III ,
Department of Veterans Affairs ,
Federal Rules of Civil Procedure ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patents ,
Pending Litigation ,
Precedential Opinion ,
Rule 36 ,
Standing ,
Veterans
Last week, Seth Lloyd and I noticed that there had been two more Rule 36s in appeals without oral argument from the Federal Circuit’s November sitting. And then yesterday, Bloomberg’s Perry Cooper tweeted that two more...more
Thanksgiving has come and gone, and we’ve all hopefully had a chance to ponder what we’re thankful for (including that a wild 2020 is about to close). Next week marks the start of the Federal Circuit’s last oral argument...more
It’s a few days before Thanksgiving and the sunsets are shorter and earlier, so we thought we’d discuss a CBM before the sun completely sets on that procedure. Below we provide our usual weekly statistics and our case of the...more
As readers know, we have written about Arthrex a lot. So what better way to start Monday than another short post? Today, the Supreme Court granted cert. in Carr v. Saul, No. 19-1442, and Davis v. Saul, No. 20-105—two cases...more
Last week we discussed the first Federal Circuit case added to the Supreme Court’s docket this Term, and we wondered when we’d have the opportunity to discuss whatever cases might be next in the pipeline. Lucky for us, that...more
At Federal Circuitry, we frequently update our statistics. We now have almost a year’s worth of data since we started our project of collecting every Federal Circuit decision and collating all of the Court’s substantive...more
Over the past several months, we’ve looked at what Federal Circuit cases the Supreme Court has and hasn’t reviewed, and how often the Supreme Court agrees with each Federal Circuit judge. Today, we got another data point with...more
Last week was court week, and as we noted in our video insights, the Federal Circuit was very busy hearing arguments (not many were cancelled). Given that, it is perhaps no surprise that there weren’t many precedential...more
The Supreme Court heard roughly an hour of oral argument on Wednesday in a pair of cases against Ford Motor Company raising important questions about the scope of personal jurisdiction. In Ford Motor Co. v. Montana Eighth...more
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
Now that we’re just over two weeks out from arguments in the Federal Circuit’s September sitting, it’s time for our monthly oral argument recap. After taking Thursday and Friday off during its August session, the Court was...more
At Federal Circuitry, sometimes we have simple ideas that prove not so simple. What we expect will be a few hours of data collection, number crunching, and analysis actually turns into far more work. This post is one of those...more
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
9/17/2020
/ Administrative Patent Judges ,
Appeals ,
Appellate Courts ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Constitutional Challenges ,
Director of the USPTO ,
Follow-On Patent Petitions ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Reaffirmation ,
Remand ,
SCOTUS ,
Severability Doctrine ,
Vacated
Despite their repeated efforts to provide guidance to lower courts, the Justices once again find themselves in a familiar position: attempting to clarify the constitutional limits on courts’ power to exercise personal...more
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
9/9/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Blackberry ,
Dissenting Opinions ,
Facebook ,
Google ,
Inter Partes Review (IPR) Proceeding ,
Joinder ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
Next week is Court week. Readers may remember that, after the Court released the September calendar, we predicted that the submission trend would continue. Were we right? Sort of....more
8/29/2020
/ Appeals ,
Appellate Courts ,
Appellate Practice Guidance ,
Court Closures ,
Court Schedules ,
Dissenting Opinions ,
Oral Argument ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Reaffirmation ,
Remand ,
Vacated
Last week, the Court did not have many precedential decisions as Washington, D.C., COVID-19 or not, was in its usual August slowdown. Unlike the previous two weeks where we touched upon non-patent issues, we return (kind of,...more
8/25/2020
/ Administrative Procedure Act ,
Adverse Action ,
America Invents Act ,
Appellate Courts ,
Constitutional Challenges ,
Exclusive Jurisdiction ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Litigation Strategies ,
Patent Ownership ,
Patent Trial and Appeal Board ,
Precedential Opinion ,
Reaffirmation ,
Set-Asides