Those that regularly practice before the Court know about Rule 36s. We’ve written about them before. It’s a one-line per curiam decision that generally comes a few days after oral argument...more
It has been a little while since we took a look at what—from a statistics standpoint—went down at recent oral arguments. Since the Federal Circuit went remote, there was an initial wave of a high percentage of appeals that...more
There’s a perception in the Federal Circuit bar that that Court has been scheduling cases for oral argument a bit quicker recently. Now, on some levels, it’s all relative—the Federal Circuit has always been pretty quick in...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
Out with the old, and in with the new: it’s Court week for the short February month, so we thought we’d revisit what happened at oral arguments last month and what’s happening now....more
Last week, Seth Lloyd and I noticed that there had been two more Rule 36s in appeals without oral argument from the Federal Circuit’s November sitting. And then yesterday, Bloomberg’s Perry Cooper tweeted that two more...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
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
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
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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
With the start of the Federal Circuit’s July oral arguments, we thought it made sense to look back at the Court’s first three months of telephonic hearings (April, May, and June). What do those sittings show about how the...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