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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Last Week in the Federal Circuit: Waiver and Constitutional Avoidance
The Federal Circuit issued just one precedential opinion last week. But it’s an interesting one: The Court exercised its discretion to reach (or rather, avoid
Assignor Estoppel for the Win? A Quick Look at the Supreme Court’s Grant in Minerva and Denial of the Accompanying Cross-petition
As many readers know, the Supreme Court just granted a petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc. The case asks the Supreme Court to abo
Last Week in the Federal Circuit (January 4-8): Mooting your opponent’s appeal
Now that the new year has started, we’re seeing an uptick in precedential opinions. This week we decided to turn back to patent appeals, taking a look at IPRs
Starting 2021 With a Tip
We decided to start the new year off with a little practice pointer. We noticed that the Court rejected a brief today (not ours) for failing to comply with seve
Last Week in the Federal Circuit (December 14-18): And/or confusion
Last week, we got what may be the last big batch of Federal Circuit opinions of 2020. (In 2019, only six more opinions issued between this time and the end of
We Updated Our Stats and Looked at the Timing of Appeals
We updated our stats, so we now have over a year of data since we started collecting data from every Federal Circuit decision. As such, we thought we might tak
Last Week in the Federal Circuit (December 7-11): Standing and Invalidating the Court’s Own Local Rule
This week we talk about the most important standing decision decided by any court last week. Ok, perhaps, it was the second most important standing decision.
No Argument, No Opinion—a Quick Look at Unargued Rule 36 Decisions During the Pandemic
Last week, Seth Lloyd and I noticed that there had been two more Rule 36s in appeals without oral argument from the Federal Circuit’s November sitting (here).
Last Week in the Federal Circuit (November 30-December 4): Appellate Jurisdiction Over Agency Orders
The Federal Circuit eased back into business after Thanksgiving with an interesting case about appellate jurisdiction.
November Oral Argument Recap
Thanksgiving has come and gone, and we’ve all hopefully had a chance to ponder what we’re thankful for (including that a wild 2020 is about to close). Next week