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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.

September 22, 2020 - Oral Argument Recap
September Oral Argument Recap
By: Brian R. Matsui
Now that we’re just over two weeks out from arguments in the Federal Circuit’s September sitting, it’s time for our monthly oral argument recap. After taking Thursday and Friday off during its August session, the Court was back to hearing arguments every day during
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September 21, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (September 14-18): A Tale Of Two Mandamus Petitions
By: Seth W. Lloyd
While we’ll all remember last week because of Justice Ruth Bader Ginsburg’s passing, things were relatively quiet at the Federal Circuit. The Court issued just two written decisions in regular cases, two on mandamus petitions, and a handful of Rule 36 affirmances. Below we provide
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September 17, 2020 - Federal Circuit Insights
The Hail Mary: Seeking an Injunction or Stay Pending Appeal
By: Brian R. Matsui
At Federal Circuitry, sometimes we have simple ideas that prove not so simple. What we expect will be a few hours of data collection, number crunching, and analysis actually turns into far more work. This post is one of those instances. A few weeks
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September 14, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (September 7-11): Another Arthrex Follow-on
By: Brian R. Matsui
Maybe it was the end of summer and the start of fall, or the kids (kind of) going back to school. But whatever it was, last week the Court issued only one precedential decision, in a veteran’s benefits case. All said, the Court released
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September 08, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 31-September 4): Same-Party Joinder Still Not Thryv-ing
By: Brian R. Matsui
Last week was September Court week, marking the unofficial end of summer for Federal Circuit practitioners. The Court issued a total of 25 decisions, including 8 Rule 36 summary affirmances in cases argued last week, as well as some opinions in September submitted cases and
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September 04, 2020 - Substantive Orders Update
Orders of Interest Roundup
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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August 31, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 24-28): No Judicial Estoppel from Inventorship About-Face
By: Seth W. Lloyd
Last week the summer was winding down and the Federal Circuit was gearing up for its September argument session. But the Court still found time to hand down a number of decisions—17 in total. Below we provide our usual weekly statistics and our case
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August 28, 2020 - Federal Circuit Insights
Observations on Cancelled Argument Cases: Appellees Always Win, Right? (Mostly)
By: Brian R. Matsui
Next week is Court week. Readers may remember that, after the Court released the September calendar, we predicted that the submission trend would continue. Were we right? Sort of. Cases were submitted (including one of our cases, as appellee). But far fewer cases were
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August 25, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 17-21): Can Patent Owners Set Aside Adverse PTAB Decisions in District Court APA Challenges? (Nope)
By: Brian R. Matsui and Seth W. Lloyd
Last week, the Court did not have many precedential decisions as Washington, D.C., COVID‑19 or not, was in its usual August slowdown. Unlike the previous two weeks where we touched upon non-patent issues, we return (kind of, sort of) to patent law. So below
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August 21, 2020 - Oral Argument Recap
August Oral Argument Recap
By: Brian R. Matsui
We are two weeks out from arguments in the Federal Circuit’s August sitting, so it is time for our monthly oral argument recap. As it has done for the past several years, the Court heard arguments on only three days in August, with a
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