Federal Circuitry

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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May 13, 2021 - Federal Circuit Insights
How Well Do You Know the Federal Circuit’s Jurisdiction?
By: Seth W. Lloyd
“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
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May 03, 2021 - Federal Circuit Insights
The Latest on Federal Circuit Cases before the Supreme 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
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April 22, 2021 - Federal Circuit Insights
Revisiting Cancelled Oral Arguments
By: Brian R. Matsui
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
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April 08, 2021 - Federal Circuit Insights
Will Your Appeal Have Argument Soon?
By: Brian R. Matsui
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. But there definitely
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March 31, 2021 - Federal Circuit Insights
Rehearing revisited: Do some judges CFR more often than others?
By: Brian R. Matsui and Seth W. Lloyd
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
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March 25, 2021 - Federal Circuit Insights
When Do Federal Circuit Judges Sit?
By: Seth W. Lloyd
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
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March 16, 2021 - Federal Circuit Insights
50-50 Federal Circuit?
By: Deanne E. Maynard and Seth W. Lloyd
Well, that didn’t take long. As we noted in January, although the Federal Circuit had no vacancies during President Trump’s term, several judges were eligible or soon-to-be-eligible to create a vacancy for President Biden ( see There’s a New President. How could that Affect
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March 10, 2021 - Federal Circuit Insights
The Lifespan of a Rehearing Petition
By: Brian R. Matsui
You’ve lost your case before a Federal Circuit panel and you file a rehearing petition. When can you expect good news (or at least some news…)? Timing of rehearing decisions For a rehearing petitioner, the threshold positive sign to look for is a call
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March 04, 2021 - Federal Circuit Insights
How Often Do Federal Circuit Judges Sit?
By: Seth W. Lloyd
Since we’re all about data at Federal Circuitry, we took a quick look at what our data show about how often Federal Circuit judges sit each year. To quantify that, we looked at how many different panel days each judge heard argument for 2018,
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