Latest Publications

Share:

How Well Do You Know the Federal Circuit’s Jurisdiction?

“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

Rehearing revisited: Do some judges CFR more often than others?

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

Last Week in the Federal Circuit (March 22-26): Improving A Technological Process Or Merely Enhancing An Ineligible Concept

Spring seems to have arrived in DC, and cherry blossom trees are starting to bloom all over the region. But the beautiful weather this weekend didn’t stop us from our weekly review of all things Federal Circuit. Below we...more

When Do Federal Circuit Judges Sit?

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

50-50 Federal Circuit?

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

Last Week in the Federal Circuit (March 8-12): The NeverEnding Story of the AIA’s No-Appeal Bar

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

Last Week in the Federal Circuit (March 1-5): Purely Functional Claiming And Means-Plus-Function Elements

Last week was argument week, and the Federal Circuit previewed its new YouTube channel for streaming live arguments (sadly, audio only for now).  Still, that didn’t slow the Federal Circuit down in issuing opinions, including...more

How Often Do Federal Circuit Judges Sit?

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

Know Your En Banc Petition Process—How An En Banc Petition In GlaxoSmithKline v. Teva Led To A New Panel Argument Without Apparent...

Although argument week isn’t until next week, the Federal Circuit heard oral argument today in two cases. One was rescheduled from earlier this month for medical reasons. But the other, GlaxoSmithKline LLC v. Teva...more

Assignor Estoppel for the Win? A Quick Look at the Supreme Court’s Grant in Minerva and Denial of the Accompanying Cross-petition

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

Last Week in the Federal Circuit (January 4-8): Mooting your opponent’s appeal

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

Starting 2021 With a Tip

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 in the Federal Circuit (December 7-11): Standing and Invalidating the Court’s Own Local Rule

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

November Oral Argument Recap

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

Orders of Interest Roundup, Arthrex Style

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

Last Week in the Federal Circuit (November 9-13): Analyzing Analogous Art

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

What Does the Supreme Court’s Grant in Two Social Security Cases Have to Do With Arthrex?

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 in the Federal Circuit (October 26-30): Another Texas Mandamus Grant

In what seems to be a pattern, the week before argument week was again light on output at the Federal Circuit. The Court issued just two opinions and two dispositive orders. Below we provide our usual weekly statistics and...more

Last Week in the Federal Circuit (October 12-16): The Federal Circuit on Matters of the Heart

Perhaps the biggest Federal Circuit news last week didn’t come from the Federal Circuit; it happened when the Supreme Court granted review in Arthrex.  In the Federal Circuit, the Court not surprisingly issued a smattering of...more

Supreme Court to Review Arthrex: Big Deal or Ho Hum?

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 in the Federal Circuit (October 5-9): A Tangled Knot of Patent Ownership and Required Parties

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

Last Week in the Federal Circuit (September 21-25): Joinder and Statutory Estoppel

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

Last Week in the Federal Circuit (September 14-18): A Tale Of Two Mandamus Petitions

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

Orders of Interest Roundup

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

Last Week in the Federal Circuit (August 24-28): No Judicial Estoppel from Inventorship About-Face

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

60 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide