Last Week in the Federal Circuit (March 1-5): Purely Functional Claiming And Means-Plus-Function Elements
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.
- 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 didn’t slow the Federal Circuit down in issuing opinions, including six precedential ones. Below we provide our usual weekly... ›
How Often Do Federal Circuit Judges Sit?
By: Seth W. LloydSince 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 that, we looked at how many different panel days each judge heard argument for 2018,... ›
U.S. Navy Breached Implied-in-Fact Software License, Federal Circuit Decides in Bitmanagement
By: Locke BellBelow is an excerpt from one of Morrison & Foerster’s blogs, Government Contracts , where our lawyers offer a real-time assessment of the statutory, regulatory, legal, and business-related developments and trends that are shaping the industry. The blog’s regularly-published Insights provide an in-depth analysis of developments... ›
Last Week in the Federal Circuit (February 22-26): Who Needs Cross Examination? Issue Preclusion Before the PTAB
By: Brian R. MatsuiAll 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—creates a circuit split. Below we provide our usual weekly statistics and our case of... ›
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
By: Seth W. LloydAlthough 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 medical reasons. But the other, GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. , No. 18-1976, caught our eye because of... ›
Last Week in the Federal Circuit (February 15-19): Equitable Intervening RightsThe 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 impression about the doctrine of equitable intervening rights. Below we provide our usual weekly statistics and... ›
Last Week in the Federal Circuit (February 8-12): Patent Term Adjustments When Examiners Back DownDid 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 we do look at some potential consequences from the back and forth between examiners and applicants. Below we provide our... ›
Is Your Appeal More Likely to Be Affirmed Since the Court Went Remote? a Post Valentine’s Day Definitely, Maybe…
By: Brian R. MatsuiLast 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 That Mean ). This week I decided to see what things have been like for cases... ›
It’s Two Weeks After Your Argument, And You’ve Heard Nothing. What Does That Mean?
By: Brian R. MatsuiSince we started this blog, we have taken a look at win-loss percentages a number of times. Now that we recently updated our statistics (sortable, here ), we took another look. This time we thought we’d add a twist to our calculations by answering... ›
Last Week in the Federal Circuit (February 1-5): The Growing Universe of Printed PublicationsSince yesterday was the Super Bowl, we assume that all of our readers spent today as we did, thinking about the Federal Circuit's recent decision in M&K Holdings about a video compression patent. If not, we've got you covered. Below we provide our usual weekly... ›