Fifth Circuit Weighs In on Transfer Factors In High-Tech IP Case
- The Federal Circuit is charged with disposing of the mandamus petitions that regularly arise from decisions denying transfer under 28 U.S.C. § 1404(a) in Texas patent litigation. The Fifth Circuit, whose law the Federal Circuit applies in such cases, rarely issues precedential transfer opinions—not... ›
When Do Federal Circuit Judges Sit (2022)?
By: Seth W. LloydNow that we’re nearing the end of 2022 (crazy, right?), we thought we’d update our data on when Federal Circuit judges sit. We looked at this in early 2021 ( When Do Federal Circuit Judges Sit? ), and we’ve twice looked at data on how... ›
Will Your Appeal Have Argument Soon? Part II
By: Brian R. MatsuiNow that the Court is open to the public—not just for arguing counsel but for anyone to watch arguments and visit the Court—I thought it was time to take a look at argument timing again. Back in April 2021, I first looked because it... ›
Another Term, Another Section 101 CVSGLast week marked the start of the Supreme Court’s October 2022 Term. That meant another “long conference” order list acting on most of the petitions that had accumulated over the summer. The Court did not grant any new cases from the Federal Circuit. But it called for... ›
Sawing Through Patent Term—the Federal Circuit’s Recent Decision In Sawstop
By: Mehran Arjomand and Meghan McLean Poon Ph.D.Patent Term Adjustment (PTA) is additional patent term for U.S. patents to compensate for delay in issuance. The statute (35 U.S.C. § 154(b)) provides three bases for PTA: delayed response by the USPTO (“A delay”), failure to issue a patent within three years (“B delay”),... ›
How Often Do Federal Circuit Judges Sit 2022?
By: Seth W. LloydEarly last year we took a look at how often Federal Circuit judges sit (see blog post ). A lot has happened since then, including two new judges joining the court. Below is an updated chart showing data through the August 2022 sitting: As a reminder,... ›
Is It Ever Too Late To Be Rule 36’d?
By: Brian R. MatsuiThose that regularly practice before the Court know about Rule 36s. We’ve written about them before. It’s a one-line per curiam decision that generally comes a few days after oral argument: AFFIRMED. See Fed. Cir. R. 36. This post isn’t going to say anything about the... ›
Jurisdictional Ping-Pong AvertedWe’ve previously written about Chandler v. Phoenix Services, L.L.C. , an interesting case on the Federal Circuit’s exclusive appellate jurisdiction in patent cases. Earlier this week, the Fifth Circuit issued a decision marking the latest entry in that saga. A quick recap of the relevant... ›
Supreme Court Refuses (Again) to Jump Back into the 101 Fray
By: Brian R. Matsui and Seth W. LloydAs we’ve written about multiple times, a petition for certiorari from the Federal Circuit’s starkly divided decision in American Axle has been pending at the Supreme Court for some time (see here , here , and here ). Many thought this would be the... ›
Who Wins, Who Loses – Still Worse To Be the Patent Owner on Appeal
By: Brian R. MatsuiWe’ve been updating our stats pretty frequently but haven’t had a recent post about what—if anything—has changed in affirmance rates as more data has been compiled. So with basically 2½ years of data, I thought we could look again at affirmance rates across various... ›