Those that regularly practice before the Court know about Rule 36s. We’ve written about them before. It’s a one-line per curiam decision that generally comes a few days after oral argument...more
We’ve been updating our stats pretty frequently but haven’t had a recent post about what—if anything—has changed in affirmance rates as more data has been compiled. So with basically 2½ years of data, I thought we could look...more
Last week was Court week, so it was busy in the Federal Circuit with telephonic oral arguments. Despite all the activity, the Court still issued a dozen opinions, including two precedential ones. For our case of the week, we...more
It has been a little while since we took a look at what—from a statistics standpoint—went down at recent oral arguments. Since the Federal Circuit went remote, there was an initial wave of a high percentage of appeals that...more
Last week I took a look at affirmance rates—both in general and excluding Rule 36s (see It’s Two Weeks After Your Argument, And You’ve Heard Nothing. What Does That Mean). This week I decided to see what things have been...more
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
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
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
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