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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.

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Precedential opinions: 3 Non-precedential opinions: 10 Rule 36: 0 Longest pending case from argument: Zafer Construction Company v. United States , No. 21-1547 (104 days) Shortest (non-Rule 36) pending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Precedential opinions: 3 Non-precedential opinions: 4 Rule 36: 1 Longest pending case from argument: Lanclos v. United States , No. 21-1750 (219 days) Shortest (non-Rule 36) pending case from argument: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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June 30, 2022 - Federal Circuit Insights
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
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June 27, 2022 - Last Week in the Federal Circuit
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
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June 22, 2022 - Federal Circuit Insights
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
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June 21, 2022 - Last Week in the Federal Circuit
Last Week In The Federal Circuit (June 13-17): A Concentration Claim Construction
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
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Welcome to Federal Circuitry

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

Supreme Court Refuses (Again) to Jump Back into the 101 Fray

By: Brian R. Matsui and Seth W. Lloyd

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

Who Wins, Who Loses – Still Worse To Be the Patent Owner on Appeal

By: Brian R. Matsui

Last Week In The Federal Circuit (June 13-17): A Concentration Claim Construction