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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.

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 Precedential opinions: 5 Non-precedential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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November 02, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (October 26-30): Another Texas Mandamus Grant
By: Seth W. Lloyd
In what seems to be a pattern, the week before argument week was again light on output at the Federal Circuit. The Court issued just two opinions and two dispositive orders. Below we provide our usual weekly statistics and our case of the week—our
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October 30, 2020 - Oral Argument Recap
October Oral Argument Recap
Before October is out the door, we wanted to take a moment to review the Federal Circuit’s sitting earlier this month. Looking at statistics from the October sitting, the same two things we noticed last month stood out to us again. First, the Court
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October 26, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (October 19-23): Still More Axes to Grind in American Axle
By: Brian R. Matsui and Deanne E. Maynard
Last week we discussed the first Federal Circuit case added to the Supreme Court’s docket this Term, and we wondered when we’d have the opportunity to discuss whatever cases might be next in the pipeline. Lucky for us, that opportunity came a little sooner
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October 21, 2020 - Federal Circuit Insights
Who Wins, Who Loses Revisited
By: Brian R. Matsui
At Federal Circuitry, we frequently update our statistics. We now have almost a year’s worth of data since we started our project of collecting every Federal Circuit decision and collating all of the Court’s substantive orders. In a post in July , I took
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