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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The Federal Circuit has its August sitting this week—its last before September’s scheduled return to in-person arguments. Before taking the virtual bench for the final time, the Court issued six opinions last week. Below we provide our usual weekly statistics and our case of …›
Now that it’s been roughly a month since the Federal Circuit issued mass sua sponte Arthrex orders (which we discussed in Early Hints About What Happens Next After Arthrex), we thought it was worth checking in on what’s happening post-Arthrex. As many readers probably saw, …›
Keniece Gray and Maryrose McLaughlin, Morrison & Foerster summer associates, co-authored this post. As expected, the Senate has voted to confirm Tiffany Cunningham as the Federal Circuit’s newest judge. This makes history, giving the Federal Circuit its first ever Black judge and bringing the Court …›
Keniece Gray, Morrison & Foerster summer associate, co-authored this post. We could have a new Federal Circuit judge today (achieving gender parity on the Court). Last week, the Senate invoked cloture (by a 63-34 vote) on the nomination of Tiffany Cunningham to replace Judge …›
Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest. Precedential opinions: 1 Non-precedential opinions: 4 Rule 36: 3 Longest and shortest (non-Rule 36) pending case from argument: Rudisill v. McDonough, No. 20-1637 …›
Myles Douglas Young, Morrison & Foerster summer associate, co-authored this post. The Federal Circuit sits for oral arguments this week. Despite juggling argument preparation and the July 4 holiday weekend, the Court still managed to release several decisions last week. One was a precedential order …›
What happens when two courts of appeal each think the other has exclusive jurisdiction over an appeal? Confusion and inter-circuit criticism. The latest chapter in such a dispute between the Federal and Fifth Circuits on the scope of the Federal Circuit’s exclusive jurisdiction in …›
Maryrose McLaughlin, Morrison & Foerster summer associate, co-authored this post. The Federal Circuit announced last week that it will resume in-person oral arguments later this summer. The Court’s new protocols generally take effect with the September 2021 sitting, and we noticed that the Court has …›
Now that we have the Supreme Court’s big decision in Arthrex, which we wrote about here, many of us are wondering what the next steps will look like. We may know sooner rather than later. Today, the Federal Circuit issued a sua sponte order …›
The Supreme Court issued its long-awaited decision today in United States v. Arthrex, Inc., Nos. 19‑1434, -1452, -1458. Although a majority of the Court held that Congress’s statutory scheme violated the Constitution, the Supreme Court once again preserved the availability of inter partes reviews …›