If you’re like me, hanging holiday lights generally sucks any kind of holiday spirit right out of you. This week’s case of the week involves technology that might help. And it resolves (at least at the preliminary injunction...more
Usually in American courts, parties get one chance to litigate a single legal claim. Courts enforce that principle in a variety of ways – at the back end, through rules like claim and issue preclusion; and at the front end,...more
Sometimes just because the rules permit something doesn’t mean doing it is a good idea. As our latest case-of-the-week shows, the result could be an award of attorney fees.
Case of the week: Realtime Adaptive Streaming...more
The Federal Circuit kicked off a new week of oral arguments today. And this week it finishes its goodbyes to Judge O’Malley, who officially retires on Friday (March 11). Even so, the work must go on. Below we provide our...more
After a couple of weeks with lots of precedential decisions, the Federal Circuit caught its breath last week and issued only non-precedential ones (with the possible exception of a sealed opinion that may or may not be...more
We’re still waiting (and probably will be for a little while) for the first opinion from newly confirmed Judge Tiffany Cunningham. But in the meantime, we provide below our usual weekly statistics and our case of the week—our...more
The Federal Circuit wrapped up another (perhaps final) week of telephone arguments last week. As of now, the Court is still set to restart in-person arguments next month. But we’ll have to see if those plans change. Below we...more
There's a new Chief Judge at the Federal Circuit (as of Saturday), but life continues as usual here at Federal Circuitry. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection...more
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
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
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
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 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
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