Announcements

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.

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
... ›
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
... ›
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
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 Precedential opinions: 1 Non-precedential opinions: 4 Rule 36: 3 Longest and shortest (non-Rule 36) pending case from argument: Rudisill v. McDonough
... ›
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
... ›
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
... ›
June 28, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (June 21–25): How Airtight Does an Air Mattress Have to Be?
Maryrose McLaughlin, Morrison & Foerster summer associate, co-authored this post. The Federal Circuit announced last week that it will resume in-person oral arguments later this summer. The Court’s new protocols generally take effect with the September 2021 sitting, and we noticed that the Court
... ›
June 23, 2021 - Substantive Orders Update
Early Hints About What Happens Next After Arthrex
By: Seth W. Lloyd and Brian R. Matsui
Now that we have the Supreme Court’s big decision in Arthrex , which we wrote about here , many of us are wondering what the next steps will look like. We may know sooner rather than later. Today, the Federal Circuit issued a sua
... ›
June 22, 2021 - Federal Circuit Insights
Supreme Court Preserves (Again) Inter Partes Review Despite Finding Constitutional Violation
By: Brian R. Matsui, Alex S. Yap and Seth W. Lloyd
The Supreme Court issued its long-awaited decision today in United States v. Arthrex, Inc. , Nos. 19‑1434, -1452, -1458. Although a majority of the Court held that Congress’s statutory scheme violated the Constitution, the Supreme Court once again preserved the availability of inter partes reviews for
... ›
June 14, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (June 7-11): Prosecution Laches—Following the Letter of the Law May Not Always Be Enough
If last week’s post on prosecution disclaimer left you hoping for more decisions about the patent application process, you're in luck. This week we're covering another case about patent prosecution and the somewhat rare doctrine of prosecution laches. Below we provide our usualy weekly
... ›
June 07, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (June 1–4): Prosecution Disclaimer – What’s Good for the Goose …
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
... ›

Welcome to Federal Circuitry

Last Week in the Federal Circuit (July 19-23): Considering Secondary Considerations

Last Week in the Federal Circuit (July 12-16): Under Alice, Another Patent Bites The Dust

Last Week in the Federal Circuit (July 5-9): What Happens When the Federal Circuit Looks to Define the Undefined

By: Jeffrey W. Schmidt

Last Week in the Federal Circuit (June 28-July 2): What Do We Do with a Venue Dodger?

Return to Sender: When Courts of Appeals Disagree on Which One Has Jurisdiction

By: Joseph R. Palmore

Last Week in the Federal Circuit (June 21–25): How Airtight Does an Air Mattress Have to Be?

Early Hints About What Happens Next After Arthrex

By: Seth W. Lloyd and Brian R. Matsui

Supreme Court Preserves (Again) Inter Partes Review Despite Finding Constitutional Violation

By: Brian R. Matsui, Alex S. Yap and Seth W. Lloyd

Last Week in the Federal Circuit (June 7-11): Prosecution Laches—Following the Letter of the Law May Not Always Be Enough

Last Week in the Federal Circuit (June 1–4): Prosecution Disclaimer – What’s Good for the Goose …