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.
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Last Week In The Federal Circuit (August 8 – August 12): Taking A Round Trip On The Assignor Estoppel Express
For most of us, we’re stuck in the August heat, on delayed European vacations, or hopefully just hanging out at the beach.
Last Week In The Federal Circuit (August 1-5): An (Artificially) Intelligent Decision On Inventorship
From 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.
Last Week In The Federal Circuit (July 25-29): Following The Letter But Not The Spirit Of The Rules
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.
Last Week In The Federal Circuit (July 18-22): Diagnosing Section 101 Eligibility
Precedential opinions: 3 Non-precedential opinions: 10 Rule 36: 0 Longest pending case from argument: Zafer Construction Company v. United States, No. 21-1547 (104 days) Shortest (non-Rule 36) pending case from argument: Tie between Polaris Innovations Limited v. Advanced Micro Devices, Inc., No. 21-1917 (13 days), and Davis v.
Last Week In The Federal Circuit (July 11-15): The FRAND vs. ITC Fight That Wasn’t
Precedential opinions: 3 Non-precedential opinions: 4 Rule 36: 1 Longest pending case from argument: Lanclos v. United States, No. 21-1750 (219 days) Shortest (non-Rule 36) pending case from argument: Koninklijke Philips N.V. v. Thales USA, Inc., No. 21-2106 (36 days) Case of the week: Koninklijke Philips N.V. v. Thales
Last Week In The Federal Circuit (July 5-8): The Case of the Moonlighting Patent Attorney
The number of attorneys practicing before the PTO has boomed with the popularity of the America Invents Act’s various adversarial proceedings before the Office. This week’s case-of-the-week serves as a reminder to attorneys appearing before the agency to keep in mind the Office’s own specific “Code of Professional Responsibility.”
Last Week In The Federal Circuit (June 27 – July 1): Protective Order Pandemonium
Last week’s big news was the anticlimactic end of the American Axle saga. (See our post on the Supreme Court’s cert denial here.) But the Federal Circuit was
Supreme Court Refuses (Again) to Jump Back into the 101 Fray
As we’ve written about multiple times, a petition for certiorari from the Federal Circuit’s starkly divided decision in American Axle has been pending at the Su
Last Week In The Federal Circuit (June 21-24): Maintaining Confidence In Judicial Rulings In Cases Reviewed By The Federal Circuit
The Supreme Court dominated the news last week, and the Federal Circuit issued just four opinions. One of them was a doozy: to reinforce confidence in the jud
Who Wins, Who Loses – Still Worse To Be the Patent Owner on Appeal
We’ve been updating our stats pretty frequently but haven’t had a recent post about what—if anything—has changed in affirmance rates as more data has been compi