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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We decided to start the new year off with a little practice pointer. We noticed that the Court rejected a brief today (not ours) for failing to comply with several rules. One basis for the rejection is a rule that often is overlooked—the location …›
Last week, we got what may be the last big batch of Federal Circuit opinions of 2020. (In 2019, only six more opinions issued between this time and the end of the year.) Although most of last week’s decisions were issued pretty …›
We updated our stats, so we now have over a year of data since we started collecting data from every Federal Circuit decision. As such, we thought we might take a look at some of the timing data on Federal Circuit appeals. …›
This week we talk about the most important standing decision decided by any court last week. Ok, perhaps, it was the second most important standing decision. Last week’s case addresses who may sue, and when they must sue by. It was …›
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 (here). And then yesterday, Bloomberg’s Perry Cooper tweeted that two more Rule 36s were handed down from …›
Apparently it’s a myth that Thanksgiving turkey makes you sleepy. We beg to differ, judging from how much time it took us to shake off the food coma. The Federal Circuit seemingly was in the same boat: It had a slow …›
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 session of 2020. Lucky for …›
At Federal Circuitry blog, we like to check in once in a while on what the Federal Circuit is doing in its orders that don’t get posted on the public website. Those orders often offer nuggets about practice at the Federal Circuit and sometimes …›
It’s a few days before Thanksgiving and the sunsets are shorter and earlier, so we thought we’d discuss a CBM case before the sun completely sets on that procedure. Below we provide our usual weekly statistics and our case of the week—our highly subjective …›
I was counsel of record on an amicus brief in California v. Texas for four law professors arguing that even if the Affordable Care Act’s individual mandate is unconstitutional, it can be severed from the rest of the statute. This post states my own …›