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Welcome to Federal Circuitry

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. Follow us on Twitter @Fed_Circuitry.

August 23, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 16-20): Controlling for Authentication
By: Nate Tan
It has been another steamy August week here in Washington and at the Federal Circuit, with eleven new opinions fresh off the press. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued
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August 16, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 9-13): The Dangers of Relying Solely on Extrinsic Evidence for Claim Construction
By: Wesley WL Chen
Although things often slow down in Washington in the August heat and humidity, that wasn’t the case this past week for the Federal Circuit. All told, the Court issued 5 precedential opinions and ruled in 17 cases. Below we provide our usual weekly statistics
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August 09, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 2-6): No Secret For Obtaining Venue
By: Seth W. Lloyd
The Federal Circuit wrapped up another (perhaps final) week of telephone arguments last week. As of now, the Court is still set to restart in-person arguments next month. But we’ll have to see if those plans change. Below we provide our usual weekly statistics
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August 03, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (July 26-30): Sua sponte claim construction
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
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July 30, 2021 - Federal Circuit Insights
Arthrex Looks to Be Going Out With a Whimper
By: Seth W. Lloyd
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
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July 26, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (July 19-23): Considering Secondary Considerations
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
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July 19, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (July 12-16): Under Alice, Another Patent Bites The Dust
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
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July 13, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (July 5-9): What Happens When the Federal Circuit Looks to Define the Undefined
By: Jeffrey W. Schmidt Ph.D.
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
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July 06, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (June 28-July 2): What Do We Do with a Venue Dodger?
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
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July 01, 2021 - Federal Circuit Insights
Return to Sender: When Courts of Appeals Disagree on Which One Has Jurisdiction
By: Joseph R. Palmore
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
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