U.S. Navy Breached Implied-in-Fact Software License, Federal Circuit Decides in Bitmanagement
- 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 developments... ›
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. LloydAlthough 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... ›
Is Your Appeal More Likely to Be Affirmed Since the Court Went Remote? a Post Valentine’s Day Definitely, Maybe…
By: Brian R. MatsuiLast 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 cases... ›
It’s Two Weeks After Your Argument, And You’ve Heard Nothing. What Does That Mean?
By: Brian R. MatsuiSince 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 answering... ›
There’s a new President. How could that affect practice in the Circuit?
By: Deanne E. MaynardWhat 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... ›
MoFo Perspectives Podcast: New Solicitor General, New Positions?
By: Deanne E. Maynard and Joseph R. PalmoreIn 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... ›
The Federal Circuit, in Boeing, Backs Contractors’ Proprietary Markings, but Leaves Open an Important Question on Scope
By: Locke BellBelow 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... ›
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. MatsuiAs 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... ›
Starting 2021 With a Tip
By: Brian R. Matsui and Seth W. LloydWe 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... ›
We Updated Our Stats and Looked at the Timing of Appeals
By: Brian R. MatsuiWe 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. As... ›