Now that it’s been roughly a month since the Federal Circuit issued mass sua sponte Arthrex orders (which we discussed in Early Hints About What Happens Next After Arthrex), we thought it was worth checking in on what’s happening post-Arthrex. As many readers probably saw, …›
What happens when two courts of appeal each think the other has exclusive jurisdiction over an appeal? Confusion and inter-circuit criticism. The latest chapter in such a dispute between the Federal and Fifth Circuits on the scope of the Federal Circuit’s exclusive jurisdiction in …›
The 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 …›
Some 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 manufacturing. …›
“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 Court …›
The Supreme Court Term is winding down, with just one oral argument remaining and about two months before the last opinion release. Today, we’re checking in on the main Federal Circuit cases on the Court’s docket—including one breaking-news update. American Axle and Section 101 Today’s big …›
It has been a little while since we took a look at what—from a statistics standpoint—went down at recent oral arguments (see last post here). Since the Federal Circuit went remote, there was an initial wave of a high percentage of appeals that would …›
There’s a perception in the Federal Circuit bar that that Court has been scheduling cases for oral argument a bit quicker recently. Now, on some levels, it’s all relative—the Federal Circuit has always been pretty quick in getting cases to argument (see our …›
In a recent post, we took a look at data on rehearing petitions—specifically, the timing of calls for responses (CFRs). Today, we dig further into that data to see if we can identify judges whose panels CFR more often. As you may remember, for …›
A couple weeks ago we wrote about how often Federal Circuit judges sit in a given year (see How Often Do Federal Circuit Judges Sit?). Spoiler: they sit a lot. In that post, though, we looked at the data for each judge totaled across …›