Last Week in the Federal Circuit (November 16-20): A Beautiful Sunset for CBMs
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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.
- 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... ›
Healthcare, Biologics, and Severability: Will the ACA—and the BPCIA—Survive the Latest Challenge?
By: Joseph R. PalmoreI 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... ›
Last Week in the Federal Circuit (November 9-13): Analyzing Analogous Art
By: Seth W. LloydLast 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 Precedential opinions: 5 Non-precedential... ›
Last Week in the Federal Circuit (November 2-6): Limits on Venue in Hatch-Waxman Cases
By: Eric C. PaiLast 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was argument week at the Federal Circuit, which as usual meant the Court issued several Rule 36 affirmances and short non-precedential decisions.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... ›
What Does the Supreme Court’s Grant in Two Social Security Cases Have to Do With Arthrex?
By: Brian R. Matsui and Seth W. LloydAs 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... ›
Last Week in the Federal Circuit (October 26-30): Another Texas Mandamus Grant
By: Seth W. LloydIn 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... ›
October Oral Argument RecapBefore 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... ›
Last Week in the Federal Circuit (October 19-23): Still More Axes to Grind in American Axle
By: Brian R. Matsui and Deanne E. MaynardLast 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... ›
Who Wins, Who Loses Revisited
By: Brian R. MatsuiAt 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... ›
Last Week in the Federal Circuit (October 12-16): The Federal Circuit on Matters of the Heart
By: Shaun Patrick deLacy and Seth W. LloydPerhaps the biggest Federal Circuit news last week didn’t come from the Federal Circuit; it happened when the Supreme Court granted review in Arthrex (read our insight ). In the Federal Circuit, the Court not surprisingly issued a smattering of Rule 36s in the... ›