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
Since we started this blog, we have taken a look at win-loss percentages a number of times. Now that we recently updated our statistics, we took another look. This time we thought we’d add a twist to our calculations by...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
At Federal Circuitry, we frequently update our statistics. We now have almost a year’s worth of data since we started our project of collecting every Federal Circuit decision and collating all of the Court’s substantive...more
Now that we’re just over two weeks out from arguments in the Federal Circuit’s September sitting, it’s time for our monthly oral argument recap. After taking Thursday and Friday off during its August session, the Court was...more
At Federal Circuitry, sometimes we have simple ideas that prove not so simple. What we expect will be a few hours of data collection, number crunching, and analysis actually turns into far more work. This post is one of those...more
Maybe it was the end of summer and the start of fall, or the kids (kind of) going back to school. But whatever it was, last week the Court issued only one precedential decision, in a veteran’s benefits case. All said, the...more
9/17/2020
/ Administrative Patent Judges ,
Appeals ,
Appellate Courts ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Constitutional Challenges ,
Director of the USPTO ,
Follow-On Patent Petitions ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Reaffirmation ,
Remand ,
SCOTUS ,
Severability Doctrine ,
Vacated
Next week is Court week. Readers may remember that, after the Court released the September calendar, we predicted that the submission trend would continue. Were we right? Sort of....more
8/29/2020
/ Appeals ,
Appellate Courts ,
Appellate Practice Guidance ,
Court Closures ,
Court Schedules ,
Dissenting Opinions ,
Oral Argument ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Reaffirmation ,
Remand ,
Vacated
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
We are two weeks out from arguments in the Federal Circuit’s August sitting, so it is time for our monthly oral argument recap. As it has done for the past several years, the Court heard arguments on only three days in...more
Last week was Court week, and some of the Rule 36s in argued cases have already come down. Below we give our usual week’s statistics and case of the week—our highly subjective selection based on whatever case piqued our...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