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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.

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. We very easily could have done a case of the week post about SRI , as it’s an interesting
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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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September 14, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (September 6-10): The (Un)Enforceability Of Arbitration Agreements At The PTAB
By: Roman A. Swoopes
The Federal Circuit issued just one precedential opinion the week of Labor Day (along with several non-precedential opinions and Rule 36 judgments). But it’s an interesting one, addressing the interplay between arbitration agreements and nonappealability of decisions to institute inter partes review. Below we
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September 07, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 30-September 3): Candor at the Patent Office
By: Ethan M. Weiner Ph.D.
The Federal Circuit returned to a full week of in-person arguments last week. But that didn’t keep it from issuing a range of decisions in patent and non-patent cases. Below we provide our usual weekly statistics and our case of the week—our highly subjective
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August 31, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 23-27): Supporting Damages Expert’s Testimony
With Labor Day around the corner and summer coming to a close, the Federal Circuit had a busy week with a lot of precedential opinions to pick from. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection
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August 23, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 16-20): Controlling for Authentication
By: Nate Tan
It has been another steamy August week here in Washington and at the Federal Circuit, with eleven new opinions fresh off the press. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued
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Welcome to Federal Circuitry

Last Week in the Federal Circuit (October 4-8): An “Inventive” Authentication Scheme Takes The Cake Under Alice

Our Podcast with BCLT and the comeback kid: SRI v. Cisco round II

By: Brian R. Matsui

Oral Argument Innovations at SCOTUS

By: Seth W. Lloyd

Last Week in the Federal Circuit (September 27-October 1): IPRs, Ex Parte Reexams, and the APA

Last Week in the Federal Circuit (September 20-24): Venue, Venue, Venue

By: Sumaiya Sharmeen

Last Week in the Federal Circuit (September 13-17): More Forays Into Expert Testimony and Damages

By: Seth W. Lloyd and Nishi A Tavernier

Last Week in the Federal Circuit (September 6-10): The (Un)Enforceability Of Arbitration Agreements At The PTAB

By: Roman A. Swoopes

Last Week in the Federal Circuit (August 30-September 3): Candor at the Patent Office

By: Ethan M. Weiner Ph.D.

Last Week in the Federal Circuit (August 23-27): Supporting Damages Expert’s Testimony

Last Week in the Federal Circuit (August 16-20): Controlling for Authentication

By: Nate Tan