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 (August 17-21): Can Patent Owners Set Aside Adverse PTAB Decisions in District Court APA Challenges? (Nope)
If you were planning to use an APA challenge in district court as an alternative way to attack an unfavorable PTAB decision, you may need to rethink your strate
August Oral Argument Recap
Excerpt: We are two weeks out from arguments in the Federal Circuit’s August sitting. As usual, we provide some statistics from the Court’s argument session and
Last Week in the Federal Circuit (August 10-14): Clear Skies for Boeing After No-Waiver Ruling
This week’s featured case is about an issue the government often raises in contract cases—waiver. But as we explain, parties that contract with the government c
Agreeing to Disagree, en Banc Style: How Often Do Judges Dissent From Denial of Rehearing En Banc?
The Federal Circuit often makes headlines when judges dissent from denial of rehearing en banc. Our latest post explores which judges are most likely to dissen
Last Week in the Federal Circuit (August 3-7): Will Pacer Downloads Become Free? (Spoiler: Nope)
Last week was Court week, and some of the Rule 36s in argued cases have already come down. Below we give our usual week’s statistics and case of the week—our hi
Are Some Federal Circuit Judges More Likely to Decide a Case Without Oral Argument?
Has it been a while since you heard a Judge Lourie pun? As we explore in our latest post, that may be because he’s one of the Federal Circuit judges who, durin
Last Week in the Federal Circuit (July 27-31): Gambling on an APA Challenge
In our case of the week, the Federal Circuit held that the PTAB did not violate the Administrative Procedure Act when it rejected an IPR petitioner’s obviousnes
Order of Interest – Another Motion to Reinstate Oral Argument
We look at the Federal Circuit's recent denial of a junior attorney's bid to reinstate his first Federal Circuit argument and potential reasons why the Court ma
Agreeing to Disagree: How Often Do Judges Dissent?
The Federal Circuit is known for being a collegial court. So we decided to take a look at how often the judges disagree with one another.
Last Week in the Federal Circuit (July 20-24): More Challenges To PTAB Authority
Maybe it was the heat in DC, or maybe it was the reduced caseload in the summer (see here), but the Federal Circuit issued just 4 opinions last week, 3 preceden