Federal Circuitry

June 22, 2022 - Federal Circuit Insights
Who Wins, Who Loses – Still Worse To Be the Patent Owner on Appeal
By: Brian R. Matsui
We’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
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May 31, 2022 - Federal Circuit Insights
Federal Circuit CVSG Update
With the Supreme Court’s October 2021 Term winding down, we thought we’d check in on the cases from the Federal Circuit where the Supreme Court called for the views of the Solicitor General on whether to grant review (often called CVSGs). We’ve discussed the
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May 10, 2022 - Federal Circuit Insights
Last Week In The Federal Circuit (May 2-6): Experimenting With The On-Sale Bar
By: Seth W. Lloyd
With another busy week of arguments last week, the Federal Circuit took a break from issuing precedential decisions. But it still pushed out several non-precedential decisions along with some quick affirmances without opinions from the week’s arguments. Below we provide our usual weekly statistics
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February 23, 2022 - Federal Circuit Insights
A Cert Grant On Veterans' Benefits And Equitable Tolling
As Federal Circuitry readers know, the Supreme Court in recent years has granted review in many patent cases from the Federal Circuit—like last Term’s big decision in Arthrex. But the Supreme Court also takes up cases from the Federal Circuit’s non-patent docket. Yesterday the
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February 02, 2022 - Federal Circuit Insights
One Last look at Patent Cases in January
Last week wrapped up a busy January for the Federal Circuit. Oral arguments returned to a telephonic format, and arguments next month will be by video (although still audio-only for the public). As the month is now in the books, we thought we’d take
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January 11, 2022 - Federal Circuit Insights
A CVSG on Claim Construction Procedures and Jury Trial Rights
As Federal Circuitry readers likely know, the Supreme Court occasionally invites the Solicitor General to file a brief expressing the views of the United States in a case where the Court is considering granting certiorari. That action is commonly referred to as a CVSG—Call
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July 30, 2021 - Federal Circuit Insights
Arthrex Looks to Be Going Out With a Whimper
By: Seth W. Lloyd
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
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July 01, 2021 - Federal Circuit Insights
Return to Sender: When Courts of Appeals Disagree on Which One Has Jurisdiction
By: Joseph R. Palmore
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
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June 22, 2021 - Federal Circuit Insights
Supreme Court Preserves (Again) Inter Partes Review Despite Finding Constitutional Violation
By: Brian R. Matsui, Alex S. Yap and Seth W. Lloyd
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 for
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May 18, 2021 - Federal Circuit Insights
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. Maynard
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
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