Now that we’re nearing the end of 2022 (crazy, right?), we thought we’d update our data on when Federal Circuit judges sit. We looked at this in early 2021 (When Do Federal Circuit Judges Sit?), and we’ve twice looked at data...more
Early last year we took a look at how often Federal Circuit judges sit. A lot has happened since then, including two new judges joining the court. Below is an updated chart showing data through the August 2022 sitting...more
“The Federal Circuit – that’s the patent court, right?” That seems to be a common sentiment from non-Federal Circuit practitioners. And there’s certainly some truth to the sentiment. According to the Court’s own statistics,...more
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
A couple weeks ago we wrote about how often Federal Circuit judges sit in a given year (see How Often Do Federal Circuit Judges Sit?). Spoiler: they sit a lot. In that post, though, we looked at the data for each judge...more
Well, that didn’t take long. As we noted in January, although the Federal Circuit had no vacancies during President Trump’s term, several judges were eligible or soon-to-be-eligible to create a vacancy for President Biden....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
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
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
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, 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
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
So now that the Federal Circuit has wrapped up its fifth oral argument sitting by telephone, I thought it could be a good time to look again at what factors affect whether the Court holds a telephonic hearing or submits a...more
Brian Matsui, Seth Lloyd, and Samuel Goldstein authored an article for Law360 covering how the U.S. Court of Appeals for the Federal Circuit has streamlined its docket and moved oral arguments from the courtroom to conference...more
As courts across the country grapple with the COVID-19 pandemic, the Federal Circuit has streamlined its docket and moved oral arguments from the courtroom to conference calling. Early indications suggest that is changing how...more