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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 and check out our sister blog, Left Coast Appeals, to keep tabs on the Ninth Circuit.

February 08, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (February 1-5): The Growing Universe of Printed Publications
Since 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
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February 03, 2021 - Oral Argument Recap
Who Gets Oral Argument (Revisited): January Argument Recap/February Argument Preview
By: Brian R. Matsui
Out with the old, and in with the new: it’s Court week for the short February month, so we thought we’d revisit what happened at oral arguments last month and what’s happening now. First, the past: In the highly coveted first week of January
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February 01, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (January 25-29): Year 1993 and LTE Technology
By: Soo J. Park
Despite no precedential patent decisions at the Federal Circuit, the Court still addressed some interesting issues last week, including whether a license agreement from 1993 bars patent infringement claims on LTE technology 25 years later. Below we provide our usual weekly statistics and our
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January 26, 2021 - Federal Circuit Insights
There’s a new President. How could that affect practice in the Circuit?
By: Deanne E. Maynard
What could the new President mean for Federal Circuit practitioners? It could mean new judges. While no vacancies arose during President Trump’s term, five of the Circuit’s active judges can take senior status at any time, because they meet “the rule of 80” (which
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January 25, 2021 - Federal Circuit Insights
MoFo Perspectives Podcast: New Solicitor General, New Positions?
By: Deanne E. Maynard and Joseph R. Palmore
In this latest MoFo Perspectives podcast, MoFo appellate co-chairs Deanne Maynard and Joe Palmore speak on why the Biden Administration might change the government’s positions before the Supreme Court—and why it might not. This could matter to Federal Circuit practitioners, as the government participates
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January 25, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (January 18-22): Factual Obviousness and Yet Another Arthrex Challenge
By: Keunbong (KB) Do
Although the Federal Circuit has had a busy January, last week was light on precedential decisions (just one, in a case from the MSPB). Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case
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January 19, 2021 - Federal Circuit Insights
The Federal Circuit, in Boeing, Backs Contractors’ Proprietary Markings, but Leaves Open an Important Question on Scope
By: Locke Bell
Below 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
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January 19, 2021 - Last Week in the Federal Circuit
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) a constitutional issue not pressed or passed upon by the trial court. Below we provide our usual weekly statistics
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January 11, 2021 - Federal Circuit Insights
Assignor Estoppel for the Win? A Quick Look at the Supreme Court’s Grant in Minerva and Denial of the Accompanying Cross-petition
By: Seth W. Lloyd and Brian R. Matsui
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 abolish the doctrine of assignor estoppel. But the Supreme Court also passed on a cross-petition in the
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January 11, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (January 4-8): Mooting your opponent’s appeal
By: Brian R. Matsui and Seth W. Lloyd
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 and Article III—always a fun topic. Below we provide our usual weekly statistics and our
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