Announcements

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.

July 13, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (July 6-10): Arthrex Strikes Again
By: Seth W. Lloyd and Brian R. Matsui
Although this was the week of the July argument sitting, that didn’t slow the Court down in issuing decisions with seventeen total. Below we give our usual week’s statistics and case of the week—our highly subjective selection based on whatever case piqued our interest.
... ›
July 06, 2020 - Last Week in the Federal Circuit, Patent - Attorney Fees
Last Week in the Federal Circuit (June 29-July 2): Patent Plaintiff Can’t Escape Past
By: Brian R. Matsui and Seth W. Lloyd
It was a short week in the Federal Circuit with the Fourth of July holiday as the Federal Circuit ramps up for the July argument sitting. All said, there were only 10 decisions by the Court. As usual, we provide last week’s statistics and
... ›
July 06, 2020 - Federal Circuit Insights
Fun with Numbers from the Federal Circuit’s First Three Months of Telephonic Arguments
By: Seth W. Lloyd and Brian R. Matsui
With the start of the Federal Circuit’s July oral arguments, we thought it made sense to look back at the Court’s first three months of telephonic hearings (April, May, and June). What do those sittings show about how the COVID pandemic is affecting the
... ›
June 29, 2020 - Patent - Claim Construction, Last Week in the Federal Circuit
Last Week in the Federal Circuit (June 22-26): Light-up shoes and limiting preambles
By: Seth W. Lloyd
Last week the Federal Circuit issued 7 decisions, including cases addressing Article III standing and the role of common sense in obviousness analyses. We provide last week’s statistics and our case of the week, which focuses on the recurring issue of when a claim’s preamble
... ›
June 26, 2020 - Substantive Orders Update, Trademark
Order of interest – Sua sponte panel reversal and causes of action to appeal from the TTAB
By: Seth W. Lloyd
Federal Circuitry tracks important unreported orders and highlights those that may be of interest to practitioners before the Court. Case: Kaszuba v. Iancu , No. 20-1208 Originating tribunal: Trademark Trial and Appeal Board Dates: May 5, 2020; June 19, 2020 Panel: Lourie, Dyk, Reyna (per
... ›
June 22, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (June 15-19): Patent plaintiff denied do-over
By: Brian R. Matsui and Seth W. Lloyd
It was a busy week at the Federal Circuit, as the Court issued 15 decisions, including a number of Rule 36 affirmances in cases argued during its June sitting. Our case of the week highlights a patent case involving several civil procedure issues: claim
... ›
June 19, 2020 - Oral Argument Recap
June Oral Argument Recap
By: Brian R. Matsui
We are two weeks out from arguments in the Court’s June sitting. Here is the after-action report: Total cases: 35 arguments (and 20 counseled cases submitted on the briefs) Oldest case: Peerless Industries, Inc. v. Crimson AV, LLC , No. 18-2021 (docketed May 30, 2018;
... ›
April 14, 2020 - Federal Circuit Insights
The Federal Circuit Goes Remote
By: Brian R. Matsui and Seth W. Lloyd
As courts across the country grapple with the COVID-19 pandemic, the Federal Circuit has streamlined its docket and moved oral arguments from the courtroom to conference calling. Early indications suggest that is changing how the Court decides cases —cases in the past that would
... ›
March 20, 2020 - Federal Circuit Insights
Do We Already Know the Federal Circuit’s Final Answer in Arthrex?
By: Seth W. Lloyd and Brian R. Matsui
UPDATE: As predicted below, the Federal Circuit denied the petitions for rehearing en banc, over several dissents, on March 23. While the rest of us wait on the Federal Circuit’s decision on the rehearing petitions in Arthrex, Inc. v. Smith & Nephew, Inc. ,
... ›
March 19, 2020 - Announcements
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
... ›