Last Week in the Federal Circuit (August 10-14): Clear Skies for Boeing After No-Waiver Ruling
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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.
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- Last week was apparently CFC week at the Federal Circuit, with several precedential decisions in government contracts and Tucker Act cases. Below we give our usual week’s statistics and case of the week—our highly subjective selection based on whatever case piqued our interest. Precedential... ›
Agreeing to Disagree, en Banc Style: How Often Do Judges Dissent From Denial of Rehearing En Banc?
By: Samuel Benjamin Goldstein and Seth W. LloydAs we mentioned in one of our previous posts , the Federal Circuit recently denied a long-pending petition for rehearing en banc in American Axle & Manufacturing v. Neapco Holdings , a Section 101 case. More than 8 months after the filing of a rehearing... ›
Last Week in the Federal Circuit (August 3-7): Will Pacer Downloads Become Free? (Spoiler: Nope)
By: Brian R. Matsui and Samuel Benjamin GoldsteinLast 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 highly subjective selection based on whatever case piqued our interest. Precedential opinions: 6 Non-precedential... ›
Are Some Federal Circuit Judges More Likely to Decide a Case Without Oral Argument?
By: Seth W. LloydSo now that the Federal Circuit has wrapped up its fifth oral argument sitting by telephone, I thought it could be a good time to look again at what factors affect whether the Court holds a telephonic hearing or submits a case on the... ›
Last Week in the Federal Circuit (July 27-31): Gambling on an APA Challenge
By: Samuel Benjamin Goldstein and Seth W. LloydIt was a moderately eventful week at the Federal Circuit as the judges geared up for their August argument session and perhaps returned from their summer vacations. The Court issued 13 opinions and 2 orders on petitions for a writ of mandamus (1 grant and... ›
Order of Interest – Another Motion to Reinstate Oral Argument
By: Brian R. MatsuiFederal Circuitry tracks important unreported orders and highlights those that may be of interest to practitioners before the Court. Case: Anacor Pharmaceuticals, Inc. v. FlatWing Pharmaceuticals, LLC , Nos. 2019-2264, -2265, -2266, -2267 Originating tribunal: Patent Trial and Appeal Board Date: July 29, 2020 Panel: Per... ›
Agreeing to Disagree: How Often Do Judges Dissent?
By: Brian R. Matsui, Seth W. Lloyd and Samuel Benjamin GoldsteinThe 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. To do so, we looked under the hood at the data for our statistics. Since we started tracking... ›
Last Week in the Federal Circuit (July 20-24): More Challenges To PTAB Authority
By: Seth W. Lloyd and Samuel Benjamin GoldsteinMaybe 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 precedential and 1 non-precedential. The Court also issued 1 order denying a petition... ›
July Oral Argument Recap
By: Samuel Benjamin Goldstein and Brian R. MatsuiWe are two weeks out from arguments in the Federal Circuit’s July sitting. As usual during the summer months, the Court heard somewhat fewer cases in July than during a typical sitting. The Court continued its COVID-19-era practice of submitting some cases on the... ›
September Calendar Released: Expect the Submission Trend to Continue
By: Brian R. Matsui and Samuel Benjamin GoldsteinYesterday, the Federal Circuit released its calendar for its September sitting, setting oral argument for 40 appeals. So if you were waiting for a case to be set for oral argument but didn’t receive a notice, you’ll be waiting a little longer. Not surprisingly,... ›