In a recent post, we took a look at data on rehearing petitions—specifically, the timing of calls for responses (CFRs). Today, we dig further into that data to see if we can identify judges whose panels CFR more often. As...more
Wow—it was a busy week at the Court last week. Lots of opinions, and lots of precedential ones. There were lots of good choices out there, so we sort of threw a dart at a board to see which one to write about. In the end,...more
Since we’re all about data at Federal Circuitry, we thought we’d take a quick look at what our data show about how often Federal Circuit judges sit each year. To quantify that, we looked at how many different panel days each...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
While we’ll all remember last week because of Justice Ruth Bader Ginsburg’s passing, things were relatively quiet at the Federal Circuit. The Court issued just two written decisions in regular cases, two on mandamus...more
At Federal Circuitry blog, we like to check in once in a while on what the Federal Circuit is doing in its orders that don’t get posted on the public website. Those orders often offer nuggets about practice at the Federal...more
9/9/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Arthrex Inc v Smith & Nephew Inc ,
Attorney's Fees ,
Constitutional Challenges ,
Dissenting Opinions ,
FRCP 38 ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Mootness ,
Non-Appealable Decisions ,
Oral Argument ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
Last week the summer was winding down and the Federal Circuit was gearing up for its September argument session. But the Court still found time to hand down a number of decisions—17 in total. Below we provide our usual weekly...more
9/1/2020
/ Appeals ,
Appellate Courts ,
Claim Construction ,
Concurrent Litigation ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Judicial Estoppel ,
Means-Plus-Function ,
Partial Reversal ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pre-AIA Patents ,
Rebuttable Presumptions
Last week was apparently CFC week at the Federal Circuit, with several precedential decisions in government contracts and Tucker Act cases. Below we give our usual week’s statistics and case of the week—our highly subjective...more
8/18/2020
/ Appeals ,
Appellate Courts ,
Bid Solicitation ,
Boeing ,
Court of Federal Claims ,
Department of Defense (DOD) ,
Exactions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Reversal ,
Tucker Act ,
Waivers
As we mentioned in one of our previous posts, the Federal Circuit recently denied a long-pending petition for rehearing en banc in American Axle & Manufacturing v. Neapco Holdings, a Section 101 case. More than 8 months...more
It was a moderately eventful week at the Federal Circuit as the judges geared up for their August argument session and perhaps returned from their summer vacations. The Court issued 13 opinions and 2 orders on petitions for a...more
8/6/2020
/ Administrative Procedure Act ,
Appeals ,
Burden of Proof ,
Inter Partes Review (IPR) Proceeding ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Standard of Review