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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Order of Interest – Can You Challenge The Denial Of Institution Without Showing A Deprivation Of Life, Liberty, Or Property?
Case: Mylan Labs. Ltd. v. Janssen Pharm., N.V., No. 21-1071 Originating tribunal: Patent Trial and Appeal Board Date: March 12, 2021 Panel: Judges Newman, M
The Lifespan of a Rehearing Petition
You’ve lost your case before a Federal Circuit panel and you file a rehearing petition. When can you expect good news (or at least some news…)? Timing of rehea
Last Week in the Federal Circuit (March 1-5): Purely Functional Claiming And Means-Plus-Function Elements
Last week was argument week, and the Federal Circuit previewed its new YouTube channel for streaming live arguments (sadly, audio only for now). Still, that di
How Often Do Federal Circuit Judges Sit?
Since we’re all about data at Federal Circuitry, we took a quick look at what our data show about how often Federal Circuit judges sit each year. To quantify t
U.S. Navy Breached Implied-in-Fact Software License, Federal Circuit Decides in Bitmanagement
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,
Last Week in the Federal Circuit (February 22-26): Who Needs Cross Examination? Issue Preclusion Before the PTAB
All eyes are on Arthrex this week, right? So of course we decided to take a look at a Court decision reviewing the Board, and one that—so says the dissent—crea
Know Your En Banc Petition Process—How An En Banc Petition In GlaxoSmithKline v. Teva Led To A New Panel Argument Without Apparent En Banc Action
Although argument week isn’t until next week, the Federal Circuit heard oral argument today in two cases. One was rescheduled from earlier this month for medica
Last Week in the Federal Circuit (February 15-19): Equitable Intervening Rights
The Federal Circuit had a slow week, issuing only 8 decisions (just 3 of them precedential). But among those was an interesting case with a question of first i
Last Week in the Federal Circuit (February 8-12): Patent Term Adjustments When Examiners Back Down
Did you remember to send your favorite examiner a Valentine’s Day card? Okay, so maybe that’s not the typical applicant/examiner relationship. But this week w
Is Your Appeal More Likely to Be Affirmed Since the Court Went Remote? a Post Valentine’s Day Definitely, Maybe…
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