Last Week in the Federal Circuit (June 21–25): How Airtight Does an Air Mattress Have to Be?
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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.
- Maryrose McLaughlin, Morrison & Foerster summer associate, co-authored this post. The Federal Circuit announced last week that it will resume in-person oral arguments later this summer. The Court’s new protocols generally take effect with the September 2021 sitting, and we noticed that the Court... ›
Early Hints About What Happens Next After Arthrex
By: Seth W. Lloyd and Brian R. MatsuiNow that we have the Supreme Court’s big decision in Arthrex , which we wrote about here , many of us are wondering what the next steps will look like. We may know sooner rather than later. Today, the Federal Circuit issued a sua... ›
Supreme Court Preserves (Again) Inter Partes Review Despite Finding Constitutional Violation
By: Brian R. Matsui, Alex S. Yap and Seth W. LloydThe Supreme Court issued its long-awaited decision today in United States v. Arthrex, Inc. , Nos. 19‑1434, -1452, -1458. Although a majority of the Court held that Congress’s statutory scheme violated the Constitution, the Supreme Court once again preserved the availability of inter partes reviews for... ›
Last Week in the Federal Circuit (June 7-11): Prosecution Laches—Following the Letter of the Law May Not Always Be EnoughIf last week’s post on prosecution disclaimer left you hoping for more decisions about the patent application process, you're in luck. This week we're covering another case about patent prosecution and the somewhat rare doctrine of prosecution laches. Below we provide our usualy weekly... ›
Last Week in the Federal Circuit (June 1–4): Prosecution Disclaimer – What’s Good for the Goose …Although last week saw just four Federal Circuit opinions, they were all precedential ones and covered a range of interesting issues. Below we provide our usual weekly statistics and our case of the week — our highly subjective selection based on whatever case piqued our... ›
Last Week in the Federal Circuit (May 24-28): Once A Granted Patent, Always a Granted Patent?We hope our readers had a restful Memorial Day Weekend. Even DC’s cicadas took the weekend off. Before the long weekend, the Federal Circuit left us with 3 precedential opinions, including one addressing what qualifies as prior art. Below we provide our usual weekly... ›
Last Week in the Federal Circuit (May 17-21): Avoiding Special Rules For Patent Litigation
By: Seth W. LloydThere's a new Chief Judge at the Federal Circuit (as of Saturday), but life continues as usual here at Federal Circuitry. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest.... ›
CVSG in American Axle and Cases in General: What Does It Mean? A Q&A With Deanne Maynard
By: Brian R. Matsui and Deanne E. MaynardSome of the big news a couple weeks ago was the Supreme Court’s decision to invite the Solicitor General (SG) to file a brief expressing the views of the United States in American Axle , a Section 101 case involving an industrial process for... ›
Last Week in the Federal Circuit (May 10-14): The Arthrex and No-Appeal-Bar Gifts Keep on GivingThe Federal Circuit had a busy week, issuing 18 opinions—8 of them precedential. One of those cases put a new spin on two PTAB-related issues we’ve covered extensively on this blog: Arthrex (which held PTAB judges were unconstitutionally appointed) and the AIA’s no-appeal bar.... ›
How Well Do You Know the Federal Circuit’s Jurisdiction?
By: Seth W. Lloyd“The Federal Circuit – that’s the patent court, right?” That seems to be a common sentiment from non-Federal Circuit practitioners. And there’s certainly some truth to the sentiment. According to the Court’s own statistics , from October 1, 2019, to September 30, 2020, the... ›