Last Week in the Federal Circuit (June 1–4): Prosecution Disclaimer – What’s Good for the Goose …
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 and check out our sister blog, Left Coast Appeals, to keep tabs on the Ninth Circuit.
- Although last week saw just four Federal Circuit opinions, they were all precedential ones and covered a range of interesting issues. Below we provide our usual weekly statistics and our case of the week — our highly subjective selection based on whatever case piqued our... ›
Last Week in the Federal Circuit (May 24-28): Once A Granted Patent, Always a Granted Patent?We hope our readers had a restful Memorial Day Weekend. Even DC’s cicadas took the weekend off. Before the long weekend, the Federal Circuit left us with 3 precedential opinions, including one addressing what qualifies as prior art. Below we provide our usual weekly... ›
Last Week in the Federal Circuit (May 17-21): Avoiding Special Rules For Patent Litigation
By: Seth W. LloydThere's a new Chief Judge at the Federal Circuit (as of Saturday), but life continues as usual here at Federal Circuitry. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.... ›
CVSG in American Axle and Cases in General: What Does It Mean? A Q&A With Deanne Maynard
By: Brian R. Matsui and Deanne E. MaynardSome of the big news a couple weeks ago was the Supreme Court’s decision to invite the Solicitor General (SG) to file a brief expressing the views of the United States in American Axle , a Section 101 case involving an industrial process for... ›
Last Week in the Federal Circuit (May 10-14): The Arthrex and No-Appeal-Bar Gifts Keep on GivingThe Federal Circuit had a busy week, issuing 18 opinions—8 of them precedential. One of those cases put a new spin on two PTAB-related issues we’ve covered extensively on this blog: Arthrex (which held PTAB judges were unconstitutionally appointed) and the AIA’s no-appeal bar.... ›
How Well Do You Know the Federal Circuit’s Jurisdiction?
By: Seth W. Lloyd“The Federal Circuit – that’s the patent court, right?” That seems to be a common sentiment from non-Federal Circuit practitioners. And there’s certainly some truth to the sentiment. According to the Court’s own statistics , from October 1, 2019, to September 30, 2020, the... ›
Last Week in the Federal Circuit (May 3-7): The case of the missing beds and affirmative misrepresentations
By: Brian R. MatsuiLast week was Court week, so it was busy in the Federal Circuit with telephonic oral arguments. Despite all the activity, the Court still issued a dozen opinions, including two precedential ones. For our case of the week, we decided to focus in on... ›
The Latest on Federal Circuit Cases before the Supreme CourtThe Supreme Court Term is winding down, with just one oral argument remaining and about two months before the last opinion release. Today, we’re checking in on the main Federal Circuit cases on the Court’s docket—including one breaking-news update. American Axle and Section 101... ›
Last Week in the Federal Circuit (April 26-30): The Potentially Limited Life Of IP Assignment Provisions In Employment Contracts
By: Seth W. LloydToday’s big news in the patent world is probably the CVSG in American Axle and the potential for a new Supreme Court case on subject-matter eligibility. But the day-to-day work goes on at the Federal Circuit, including with an interesting decision on the scope... ›
Last Week in the Federal Circuit (April 19-23): Contingent Findings v. Alternative Holdings
By: Eric W. LinAs many of you probably saw, Chief Judge Prost’s tenure as Chief Judge of the Federal Circuit is coming to a close, with Judge Moore set to become the new Chief Judge on May 22. But the upcoming transition doesn’t seem to have slowed... ›