The Federal Circuit is holding its first argument session of 2022 this week (with a return to telephonic arguments in light of the Omicron variant). In this post, we take a look back at how the Court closed out 2021 and...more
The Federal Circuit has its August sitting this week—its last before September’s scheduled return to in-person arguments. Before taking the virtual bench for the final time, the Court issued six opinions last week. Below we...more
As expected, the Senate has voted to confirm Tiffany Cunningham as the Federal Circuit’s newest judge. This makes history, giving the Federal Circuit its first ever Black judge and bringing the Court to gender parity for the...more
Keniece Gray, Morrison & Foerster summer associate, co-authored this post. We could have a new Federal Circuit judge today (achieving gender parity on the Court). Last week, the Senate invoked cloture (by a 63-34 vote) on...more
The Federal Circuit sits for oral arguments this week. Despite juggling argument preparation and the July 4 holiday weekend, the Court still managed to release several decisions last week. One was a precedential order...more
The Federal Circuit announced last week that it will resume in-person oral arguments later this summer. The Court’s new protocols generally take effect with the September 2021 sitting, and we noticed that the Court has also...more
We hope our readers had a restful Memorial Day Weekend. Even DC’s cicadas took the weekend off. Before the long weekend, the Federal Circuit left us with 3 precedential opinions, including one addressing what qualifies as...more
The Federal Circuit had a busy week, issuing 18 opinions—8 of them precedential. One of those cases put a new spin on two PTAB-related issues we’ve covered extensively on this blog: Arthrex (which held PTAB judges were...more
The Supreme Court Term is winding down, with just one oral argument remaining and about two months before the last opinion release. Today, we’re checking in on the main Federal Circuit cases on the Court’s docket—including...more
Today’s big news in the patent world is probably the CVSG in American Axle and the potential for a new Supreme Court case on subject-matter eligibility. But the day-to-day work goes on at the Federal Circuit, including with...more
The Federal Circuit had a slow week, issuing only 8 decisions (just 3 of them precedential). But among those was an interesting case with a question of first impression about the doctrine of equitable intervening rights. ...more
The Federal Circuit issued just one precedential opinion last week. But it’s an interesting one: The Court exercised its discretion to reach (or rather, avoid) a constitutional issue not pressed or passed upon by the trial...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
Last week, the Federal Circuit was relatively busy, issuing five precedential opinions and three other written decisions. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection...more
Before October is out the door, we wanted to take a moment to review the Federal Circuit’s sitting earlier this month.
Looking at statistics from the October sitting, the same two things we noticed last month stood out to...more