Last Week In The Federal Circuit (June 27 – July 1): Protective Order Pandemonium
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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’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.... ›
Supreme Court Refuses (Again) to Jump Back into the 101 Fray
By: Brian R. Matsui and Seth W. Lloyd
As we’ve written about multiple times, a petition for certiorari from the Federal Circuit’s starkly divided decision in American Axle has been pending at the Supreme Court for some time (see here , here , and here ). Many thought this would be the... ›Last Week In The Federal Circuit (June 21-24): Maintaining Confidence In Judicial Rulings In Cases Reviewed By The Federal Circuit
By: Brian R. Matsui
The Supreme Court dominated the news last week, and the Federal Circuit issued just four opinions. One of them was a doozy: to reinforce confidence in the judicial process, the Court vacated a $2 billion judgment that followed from a 22-day bench trial, with... ›Who Wins, Who Loses – Still Worse To Be the Patent Owner on Appeal
By: Brian R. Matsui
We’ve been updating our stats pretty frequently but haven’t had a recent post about what—if anything—has changed in affirmance rates as more data has been compiled. So with basically 2½ years of data, I thought we could look again at affirmance rates across various... ›Last Week In The Federal Circuit (June 13-17): A Concentration Claim Construction
By: Samuel Benjamin Goldstein
It’s officially the start of summer, but the Federal Circuit is still hard at work: last week the Court issued a few precedential opinions, several non-precedential decisions, and a handful of affirmances without opinion from the Court’s June argument sitting. Below we provide our... ›Federal Circuit CVSG Update
By: Samuel Benjamin Goldstein
With the Supreme Court’s October 2021 Term winding down, we thought we’d check in on the cases from the Federal Circuit where the Supreme Court called for the views of the Solicitor General on whether to grant review (often called CVSGs). We’ve discussed the... ›Last Week In The Federal Circuit (May 2-6): Experimenting With The On-Sale Bar
By: Seth W. Lloyd
With another busy week of arguments last week, the Federal Circuit took a break from issuing precedential decisions. But it still pushed out several non-precedential decisions along with some quick affirmances without opinions from the week’s arguments. Below we provide our usual weekly statistics... ›Last Week In The Federal Circuit (April 4 - 8): Claim Differentiation Carries The Day
By: Jillian A. Pesin-Fulop
Last week was argument week at the Federal Circuit, and we’ve already begun seeing decisions from the argued cases trickle in. Below we provide our usual weekly statistics and a detailed discussion of our case of the week—our highly subjective selection based on whatever... ›Last Week In The Federal Circuit (March 21-25): Oil is a Hot Commodity These Days—Even on the Federal Circuit
By: Caroline F. Pohl
When it comes to oil, even the Federal Circuit’s hands are sometimes tied. Last week, the Federal Circuit affirmed a Patent Trial and Appeal Board Precedential Opinion Panel decision for claims related to oil wells, although the Court expressed some skepticism about the agency’s... ›Last Week In The Federal Circuit (March 14-18): Federal Circuit Says Go Fish To Claims of Co-Ownership
By: Jacob Nathanael Nagy
Last week’s big news was of course the official swearing in of Judge Stark. But there were plenty of other things happening at the Court. Below we provide our usual weekly statistics and a detailed discussion of our case of the week—our highly subjective... ›