Federal Circuitry

March 2, 2021 - Federal Circuit Insights

U.S. Navy Breached Implied-in-Fact Software License, Federal Circuit Decides in Bitmanagement

By: Locke Bell

Below is an excerpt from one of Morrison & Foerster’s blogs, Government Contracts, where our lawyers offer a real-time assessment of the statutory, regulatory, legal, and business-related developments and trends that are shaping the industry. The blog’s regularly-published Insights provide an in-depth analysis of …›

February 23, 2021 - Federal Circuit Insights

Know Your En Banc Petition Process—How An En Banc Petition In GlaxoSmithKline v. Teva Led To A New Panel Argument Without Apparent En Banc Action

By: Seth W. Lloyd

Although argument week isn’t until next week, the Federal Circuit heard oral argument today in two cases. One was rescheduled from earlier this month for medical reasons. But the other, GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., No. 18-1976, caught our eye because of …›

February 16, 2021 - Federal Circuit Insights

Is Your Appeal More Likely to Be Affirmed Since the Court Went Remote? a Post Valentine’s Day Definitely, Maybe…

By: Brian R. Matsui

Last week I took a look at affirmance rates—both in general and excluding Rule 36s (see It’s Two Weeks After Your Argument, And You’ve Heard Nothing. What Does That Mean). This week I decided to see what things have been like for …›

February 10, 2021 - Federal Circuit Insights

It’s Two Weeks After Your Argument, And You’ve Heard Nothing. What Does That Mean?

By: Brian R. Matsui

Since we started this blog, we have taken a look at win-loss percentages a number of times. Now that we recently updated our statistics (sortable, here), we took another look. This time we thought we’d add a twist to our calculations by …›

January 26, 2021 - Federal Circuit Insights

There’s a new President. How could that affect practice in the Circuit?

By: Deanne E. Maynard

What could the new President mean for Federal Circuit practitioners? It could mean new judges. While no vacancies arose during President Trump’s term, five of the Circuit’s active judges can take senior status at any time, because they meet “the rule of 80” (which …›

January 25, 2021 - Federal Circuit Insights

MoFo Perspectives Podcast: New Solicitor General, New Positions?

By: Deanne E. Maynard and Joseph R. Palmore

In this latest MoFo Perspectives podcast, MoFo appellate co-chairs Deanne Maynard and Joe Palmore speak on why the Biden Administration might change the government’s positions before the Supreme Court—and why it might not. This could matter to Federal Circuit practitioners, as the government participates …›

January 19, 2021 - Federal Circuit Insights

The Federal Circuit, in Boeing, Backs Contractors’ Proprietary Markings, but Leaves Open an Important Question on Scope

By: Locke Bell

January 11, 2021 - Federal Circuit Insights

Assignor Estoppel for the Win? A Quick Look at the Supreme Court’s Grant in Minerva and Denial of the Accompanying Cross-petition

By: Seth W. Lloyd and Brian R. Matsui

As many readers know, the Supreme Court just granted a petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc. The case asks the Supreme Court to abolish the doctrine of assignor estoppel. But the Supreme Court also passed on a cross-petition in the …›

January 5, 2021 - Federal Circuit Insights

Starting 2021 With a Tip

By: Brian R. Matsui and Seth W. Lloyd

We decided to start the new year off with a little practice pointer. We noticed that the Court rejected a brief today (not ours) for failing to comply with several rules. One basis for the rejection is a rule that often is overlooked—the location …›

December 15, 2020 - Federal Circuit Insights

We Updated Our Stats and Looked at the Timing of Appeals

By: Brian R. Matsui

We updated our stats, so we now have over a year of data since we started collecting data from every Federal Circuit decision. As such, we thought we might take a look at some of the timing data on Federal Circuit appeals. …›