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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 and check out our sister blog, Left Coast Appeals, to keep tabs on the Ninth Circuit.

August 30, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (August 22 – August 26): To Appeal Or Not To Appeal, That Is The Question
By: Seth W. Lloyd
If you don’t appeal an issue from an adverse judgment, are you going to be bound by the decision on that issue in future cases? This can often be an important question to consider when deciding whether and what issues to appeal. But sometimes, the chance
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August 22, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (August 15 – August 19): The Court Rebuffs Patent Owner’s Attempt To Read ANDA Application In Isolation
By: Brian R. Matsui
We’re now in the waning days of summer, and the Court’s activity last week somewhat reflected that: two decisions and a few orders. One of those orders was for something you don’t see often: an appeal being dismissed for an appellant missing the deadline to file its
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August 18, 2022 - Federal Circuit Insights
Jurisdictional Ping-Pong Averted
We’ve previously written about Chandler v. Phoenix Services, L.L.C. , an interesting case on the Federal Circuit’s exclusive appellate jurisdiction in patent cases. Earlier this week, the Fifth Circuit issued a decision marking the latest entry in that saga. A quick recap of the relevant
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August 16, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (August 8 – August 12): Taking A Round Trip On The Assignor Estoppel Express
By: Brian R. Matsui
For most of us, we’re stuck in the August heat, on delayed European vacations, or hopefully just hanging out at the beach. But for the Court it still was work as usual, including a return trip to the Federal Circuit for the defendant in Minerva.
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August 10, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (August 1-5): An (Artificially) Intelligent Decision On Inventorship
From facial-recognition technology to voice assistants and self-driving cars, artificial intelligence these days is pretty remarkable. But according to our latest case of the week, there’s at least one thing AI can’t do: be listed as an inventor on a patent application. Case of the week:
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August 04, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (July 25-29): Following The Letter But Not The Spirit Of The Rules
By: Seth W. Lloyd
Sometimes just because the rules permit something doesn’t mean doing it is a good idea. As our latest case-of-the-week shows, the result could be an award of attorney fees. Case of the week: Realtime Adaptive Streaming v. Netflix, Inc. , No. 21-1484 Panel: Judges Newman,
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July 26, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (July 18-22): Diagnosing Section 101 Eligibility
Precedential opinions: 3 Non-precedential opinions: 10 Rule 36: 0 Longest pending case from argument: Zafer Construction Company v. United States , No. 21-1547 (104 days) Shortest (non-Rule 36) pending case from argument: Tie between Polaris Innovations Limited v. Advanced Micro Devices, Inc. , No. 21-1917 (13
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July 19, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (July 11-15): The FRAND vs. ITC Fight That Wasn’t
By: Brian R. Matsui
Precedential opinions: 3 Non-precedential opinions: 4 Rule 36: 1 Longest pending case from argument: Lanclos v. United States , No. 21-1750 (219 days) Shortest (non-Rule 36) pending case from argument: Koninklijke Philips N.V. v. Thales USA, Inc. , No. 21-2106 (36 days) Case of the week:
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July 13, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (July 5-8): The Case of the Moonlighting Patent Attorney
By: Seth W. Lloyd
Precedential opinions: 1 Non-precedential opinions: 8 Rule 36: 4 Longest pending case from argument: Tris Pharma, Inc. v. Actavis Lab’ys FL, Inc. , No. 21-1495 (121 days) Shortest (non-Rule 36) pending case from argument: U.S. Aeroteam, Inc. v. United States , No. 21-2272 (26 days) Case
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July 06, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (June 27 – July 1): Protective Order Pandemonium
Last week’s big news was the anticlimactic end of the American Axle saga. (See our post on the Supreme Court’s cert denial here .) But the Federal Circuit was hard at work too: it issued a dozen decisions on a wide variety of subjects.
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Welcome to Federal Circuitry

Last Week In The Federal Circuit (August 22 – August 26): To Appeal Or Not To Appeal, That Is The Question

By: Seth W. Lloyd

Last Week In The Federal Circuit (August 15 – August 19): The Court Rebuffs Patent Owner’s Attempt To Read ANDA Application In Isolation

By: Brian R. Matsui

Jurisdictional Ping-Pong Averted

Last Week In The Federal Circuit (August 8 – August 12): Taking A Round Trip On The Assignor Estoppel Express

By: Brian R. Matsui

Last Week In The Federal Circuit (August 1-5): An (Artificially) Intelligent Decision On Inventorship

Last Week In The Federal Circuit (July 25-29): Following The Letter But Not The Spirit Of The Rules

By: Seth W. Lloyd

Last Week In The Federal Circuit (July 18-22): Diagnosing Section 101 Eligibility

Last Week In The Federal Circuit (July 11-15): The FRAND vs. ITC Fight That Wasn’t

By: Brian R. Matsui

Last Week In The Federal Circuit (July 5-8): The Case of the Moonlighting Patent Attorney

By: Seth W. Lloyd

Last Week In The Federal Circuit (June 27 – July 1): Protective Order Pandemonium