Last Week In The Federal Circuit (September 6 – September 9): Repeating Litigation, Again
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Federal Circuitry is a data-driven Federal Circuit blog. Our Federal Circuit Statistics empirically analyze quantifiable aspects of the Court. Our En Banc Tracker highlights pending and past petitions. Our Substantive Order Tracker allows you to search less-discussed orders. Check back weekly for Last Week in the Federal Circuit and monthly for our Oral Argument Recap.
- 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, through rules like the duplicative-litigation... ›
How Often Do Federal Circuit Judges Sit 2022?
By: Seth W. LloydEarly last year we took a look at how often Federal Circuit judges sit (see blog post ). 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: As a reminder,... ›
Last Week In The Federal Circuit (August 29 – September 2): Capability Claims in the Modern Era
By: Samuel Benjamin GoldsteinHave you ever wondered what it means when your smartphone or tablet connects to an “LTE” network? Our case of the week dives into that technology—and offers an interesting discussion of functional claim limitations and standard-essential patents. Case of the week: INVT SPE LLC v.... ›
Is It Ever Too Late To Be Rule 36’d?
By: Brian R. MatsuiThose 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: AFFIRMED. See Fed. Cir. R. 36. This post isn’t going to say anything about the... ›
Last Week In The Federal Circuit (August 22 – August 26): To Appeal Or Not To Appeal, That Is The Question
By: Seth W. LloydIf you don’t appeal an issue from an adverse judgment, are you going to be bound by the decision on that issue in future cases? This can often be an important question to consider when deciding whether and what issues to appeal. But sometimes, the chance... ›
Last Week In The Federal Circuit (August 15 – August 19): The Court Rebuffs Patent Owner’s Attempt To Read ANDA Application In Isolation
By: Brian R. MatsuiWe’re now in the waning days of summer, and the Court’s activity last week somewhat reflected that: two decisions and a few orders. One of those orders was for something you don’t see often: an appeal being dismissed for an appellant missing the deadline to file its... ›
Jurisdictional Ping-Pong Averted
By: Samuel Benjamin GoldsteinWe’ve previously written about Chandler v. Phoenix Services, L.L.C. , an interesting case on the Federal Circuit’s exclusive appellate jurisdiction in patent cases. Earlier this week, the Fifth Circuit issued a decision marking the latest entry in that saga. A quick recap of the relevant... ›
Last Week In The Federal Circuit (August 8 – August 12): Taking A Round Trip On The Assignor Estoppel Express
By: Brian R. MatsuiFor most of us, we’re stuck in the August heat, on delayed European vacations, or hopefully just hanging out at the beach. But for the Court it still was work as usual, including a return trip to the Federal Circuit for the defendant in Minerva.... ›
Last Week In The Federal Circuit (August 1-5): An (Artificially) Intelligent Decision On Inventorship
By: Samuel Benjamin GoldsteinFrom facial-recognition technology to voice assistants and self-driving cars, artificial intelligence these days is pretty remarkable. But according to our latest case of the week, there’s at least one thing AI can’t do: be listed as an inventor on a patent application. Case of the week:... ›
Last Week In The Federal Circuit (July 25-29): Following The Letter But Not The Spirit Of The Rules
By: Seth W. LloydSometimes 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 v. Netflix, Inc. , No. 21-1484 Panel: Judges Newman,... ›