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 I took a look at affirmance rates—both in general and excluding Rule 36s (see It’s Two Weeks After Your Argument, And You’ve Heard Nothing. What Does That Mean). This week I decided to see what things have been like for …›
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 (sortable, here), we took another look. This time we thought we’d add a twist to our calculations by …›
Since yesterday was the Super Bowl, we assume that all of our readers spent today as we did, thinking about the Federal Circuit's recent decision in M&K Holdings about a video compression patent. If not, we've got you covered. Below we provide our …›
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. First, the past: In the highly coveted first week of …›
Despite no precedential patent decisions at the Federal Circuit, the Court still addressed some interesting issues last week, including whether a license agreement from 1993 bars patent infringement claims on LTE technology 25 years later. Below we provide our usual weekly statistics and …›
What could the new President mean for Federal Circuit practitioners? It could mean new judges. While no vacancies arose during President Trump’s term, five of the Circuit’s active judges can take senior status at any time, because they meet “the rule of 80” (which …›
In this latest MoFo Perspectives podcast, MoFo appellate co-chairs Deanne Maynard and Joe Palmore speak on why the Biden Administration might change the government’s positions before the Supreme Court—and why it might not. This could matter to Federal Circuit practitioners, as the government participates …›
Although the Federal Circuit has had a busy January, last week was light on precedential decisions (just one, in a case from the MSPB). Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case …›
Below is an excerpt from one of Morrison & Foerster’s blogs, Government Contracts, where our lawyers offer a real-time assessment of the statutory, regulatory, legal, and business-related developments and trends that are shaping the industry. The blog’s regularly-published Insights provide an in-depth analysis of …›
The Federal Circuit issued just one precedential opinion last week. But it’s an interesting one: The Court exercised its discretion to reach (or rather, avoid) a constitutional issue not pressed or passed upon by the trial court. Below we provide our …›