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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.

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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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?
By: Maryrose Fahy McLaughlin
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
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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
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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
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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
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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
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June 01, 2021 - Last Week in the Federal Circuit
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
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May 24, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (May 17-21): Avoiding Special Rules For Patent Litigation
By: Seth W. Lloyd
There'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.
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May 18, 2021 - Federal Circuit Insights
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. Maynard
Some 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
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May 17, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (May 10-14): The Arthrex and No-Appeal-Bar Gifts Keep on Giving
The 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.
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Welcome to Federal Circuitry

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?

By: Maryrose Fahy McLaughlin

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 …

Last Week in the Federal Circuit (May 24-28): Once A Granted Patent, Always a Granted Patent?

Last Week in the Federal Circuit (May 17-21): Avoiding Special Rules For Patent Litigation

By: Seth W. Lloyd

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. Maynard

Last Week in the Federal Circuit (May 10-14): The Arthrex and No-Appeal-Bar Gifts Keep on Giving