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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.

December 14, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (December 7-11): Standing and Invalidating the Court’s Own Local Rule
By: Brian R. Matsui and Seth W. Lloyd
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. Last week’s case addresses who may sue, and when they must sue by. It was decided by an
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December 11, 2020 - Federal Circuit Insights
No Argument, No Opinion—a Quick Look at Unargued Rule 36 Decisions During the Pandemic
By: Brian R. Matsui
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 ). And then yesterday, Bloomberg’s Perry Cooper tweeted that two more Rule 36s were handed down from
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December 07, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (November 30-December 4): Appellate Jurisdiction Over Agency Orders
Apparently it’s a myth that Thanksgiving turkey makes you sleepy. We beg to differ, judging from how much time it took us to shake off the food coma. The Federal Circuit seemingly was in the same boat: It had a slow post-Thanksgiving week, issuing
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December 04, 2020 - Oral Argument Recap
November Oral Argument Recap
By: Seth W. Lloyd and Brian R. Matsui
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 marks the start of the Federal Circuit’s last oral argument session of 2020. Lucky for
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November 24, 2020 - Federal Circuit Insights
Orders of Interest Roundup, Arthrex Style
By: Seth W. Lloyd
At Federal Circuitry blog, we like to check in once in a while on what the Federal Circuit is doing in its orders that don’t get posted on the public website. Those orders often offer nuggets about practice at the Federal Circuit and sometimes
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November 23, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (November 16-20): A Beautiful Sunset for CBMs
By: Brian R. Matsui
It’s a few days before Thanksgiving and the sunsets are shorter and earlier, so we thought we’d discuss a CBM case before the sun completely sets on that procedure. Below we provide our usual weekly statistics and our case of the week—our highly subjective
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November 17, 2020 - Federal Circuit Insights
Healthcare, Biologics, and Severability: Will the ACA—and the BPCIA—Survive the Latest Challenge?
By: Joseph R. Palmore
I was counsel of record on an amicus brief in California v. Texas for four law professors arguing that even if the Affordable Care Act’s individual mandate is unconstitutional, it can be severed from the rest of the statute. This post states my own
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November 16, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (November 9-13): Analyzing Analogous Art
By: Seth W. Lloyd
Last week, the Federal Circuit was relatively busy, issuing five precedential opinions and three other written decisions. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest. Precedential opinions: 5 Non-precedential
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November 11, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (November 2-6): Limits on Venue in Hatch-Waxman Cases
By: Eric C. Pai
Last week was argument week at the Federal Circuit, which as usual meant the Court issued several Rule 36 affirmances and short non-precedential decisions. But tucked in between those was at least one case—a Hatch-Waxman case—with important ramifications going forward. Below we provide our
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November 09, 2020 - Federal Circuit Insights
What Does the Supreme Court’s Grant in Two Social Security Cases Have to Do With Arthrex?
By: Brian R. Matsui and Seth W. Lloyd
As readers know, we have written about Arthrex a lot. So what better way to start Monday than another short post? Today, the Supreme Court granted cert. in Carr v. Saul , No. 19-1442, and Davis v. Saul , No. 20-105—two cases involving the
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Welcome to Federal Circuitry

Last Week in the Federal Circuit (December 7-11): Standing and Invalidating the Court’s Own Local Rule

By: Brian R. Matsui and Seth W. Lloyd

No Argument, No Opinion—a Quick Look at Unargued Rule 36 Decisions During the Pandemic

By: Brian R. Matsui

Last Week in the Federal Circuit (November 30-December 4): Appellate Jurisdiction Over Agency Orders

November Oral Argument Recap

By: Seth W. Lloyd and Brian R. Matsui

Orders of Interest Roundup, Arthrex Style

By: Seth W. Lloyd

Last Week in the Federal Circuit (November 16-20): A Beautiful Sunset for CBMs

By: Brian R. Matsui

Healthcare, Biologics, and Severability: Will the ACA—and the BPCIA—Survive the Latest Challenge?

By: Joseph R. Palmore

Last Week in the Federal Circuit (November 9-13): Analyzing Analogous Art

By: Seth W. Lloyd

Last Week in the Federal Circuit (November 2-6): Limits on Venue in Hatch-Waxman Cases

By: Eric C. Pai

What Does the Supreme Court’s Grant in Two Social Security Cases Have to Do With Arthrex?

By: Brian R. Matsui and Seth W. Lloyd