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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.

November 01, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (October 25-29): Taking the Pulse of Another § 101 Decision
By: Rachel S. Dolphin
While there may have been no public tricks or treats from the Federal Circuit last week, the Court still managed to issue a range of precedential and non-precedential decisions. Below we provide our usual weekly statistics and our case of the week—our highly subjective
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October 29, 2021 - Podcast
Podcast: More IPR Constitutional Challenges & More Attorneys’ Fees
By: Brian R. Matsui
Morrison & Foerster and the Berkeley Center for Law & Technology (BCLT) have teamed up to present a bi-weekly podcast addressing recent Federal Circuit decisions. In this episode, Brian Matsui and Wayne Stacy discuss the most recent constitutional challenges to IPRs addressed by the
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October 26, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (October 18-22): Inequitable Conduct = Attorneys’ Fees?
By: Seth W. Lloyd
After a couple of weeks with lots of precedential decisions, the Federal Circuit caught its breath last week and issued only non-precedential ones (with the possible exception of a sealed opinion that may or may not be precedential). Below we provide our usual weekly
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October 22, 2021 - Podcast
Podcast: NDAs & IPRs & Forum Selection Clauses, Oh My!
By: Seth W. Lloyd
Morrison & Foerster and the Berkeley Center for Law & Technology (BCLT) have teamed up to present a bi-weekly podcast addressing recent Federal Circuit decisions. In our most recent episode, Seth Lloyd and Wayne Stacy discuss a recent decision about whether a non-disclosure agreement
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October 11, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (October 4-8): An “Inventive” Authentication Scheme Takes The Cake Under Alice
Even though last week was argument week, that didn’t slow down the issuance of decisions at the Federal Circuit. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest. Precedential opinions:
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October 07, 2021 - Podcast
Our Podcast with BCLT and the comeback kid: SRI v. Cisco round II
By: Brian R. Matsui
At Federal Circuitry, we’ve started discussing interesting Federal Circuit cases and developments with the Berkeley Center for Law & Technology in their Expert Series Podcasts. Please find the first episode discussing SRI International v. Cisco Systems here (or directly on Spotify here ). We
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October 06, 2021 - Announcements
Oral Argument Innovations at SCOTUS
By: Seth W. Lloyd
Like the Federal Circuit, the U.S. Supreme Court has returned to in-person arguments. But the Supreme Court has adopted a hybrid of its old free-for-all style of questioning and the more orderly Justice-by-Justice questioning format it used over the phone. MoFo appellate co-chairs Deanne
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October 04, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (September 27-October 1): IPRs, Ex Parte Reexams, and the APA
Last week the Federal Circuit judges geared up for their October argument session and perhaps enjoyed the beautiful fall weather in Washington. But the Court still found time to issue a dozen decisions in a wide range of patent and non-patent cases. Below we
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September 27, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (September 20-24): Venue, Venue, Venue
By: Sumaiya Sharmeen
Although the Federal Circuit didn’t issue a lot of precedential decisions last week, it continued the recent trend of venue transfer decisions out of the Western District of Texas. Below we provide our usual weekly statistics and our case of the week—our highly subjective
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September 20, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (September 13-17): More Forays Into Expert Testimony and Damages
By: Seth W. Lloyd and Nishi A Tavernier
Nishi Tavernier, Morrison & Foerster associate, co-authored this post. We’re still waiting (and probably will be for a little while) for the first opinion from newly confirmed Judge Tiffany Cunningham. But in the meantime, we provide below our usual weekly statistics and our case
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