How the Federal Circuit (and Its Judges) Fare at the Supreme Court
- How well do Federal Circuit decisions hold up at the Supreme Court? And which Federal Circuit judges have their votes most often affirmed? With the new Supreme Court term around the corner, we dove into a decade’s worth of data to find out. The... ›
Federal Circuitry: Brief Insights (September 25, 2020)
By: Brian R. MatsuiLast week Federal Circuitry discussed injunctions and stays pending appeal (or mandamus), and, at the end of the week, an interesting mandamus order addressing a challenge to venue in the Eastern District of Texas was released. In the mandamus petition, the petitioner also sought... ›
The Hail Mary: Seeking an Injunction or Stay Pending Appeal
By: Brian R. MatsuiAt Federal Circuitry, sometimes we have simple ideas that prove not so simple. What we expect will be a few hours of data collection, number crunching, and analysis actually turns into far more work. This post is one of those instances. A few weeks... ›
Observations on Cancelled Argument Cases: Appellees Always Win, Right? (Mostly)
By: Brian R. MatsuiNext week is Court week. Readers may remember that, after the Court released the September calendar, we predicted that the submission trend would continue. Were we right? Sort of. Cases were submitted (including one of our cases, as appellee). But far fewer cases were... ›
Agreeing to Disagree, en Banc Style: How Often Do Judges Dissent From Denial of Rehearing En Banc?
By: Seth W. LloydAs we mentioned in one of our previous posts , the Federal Circuit recently denied a long-pending petition for rehearing en banc in American Axle & Manufacturing v. Neapco Holdings , a Section 101 case. More than 8 months after the filing of a rehearing... ›
Are Some Federal Circuit Judges More Likely to Decide a Case Without Oral Argument?
By: Seth W. LloydSo now that the Federal Circuit has wrapped up its fifth oral argument sitting by telephone, I thought it could be a good time to look again at what factors affect whether the Court holds a telephonic hearing or submits a case on the... ›
Agreeing to Disagree: How Often Do Judges Dissent?
By: Brian R. Matsui and Seth W. LloydThe Federal Circuit is known for being a collegial court. So we decided to take a look at how often the judges disagree with one another. To do so, we looked under the hood at the data for our statistics. Since we started tracking... ›
September Calendar Released: Expect the Submission Trend to Continue
By: Brian R. MatsuiYesterday, the Federal Circuit released its calendar for its September sitting, setting oral argument for 40 appeals. So if you were waiting for a case to be set for oral argument but didn’t receive a notice, you’ll be waiting a little longer. Not surprisingly,... ›
Who Wins, Who Loses
By: Brian R. MatsuiSince we began tracking cases late last year, we have been thinking about some of the common perceptions we sometimes hear about the Federal Circuit. For example, people sometimes say that patent owners do very well on appeal (although we hear the opposite too).... ›
Supreme Court Review: Sometimes What Is Not Decided Matters More Than What Is
By: Brian R. Matsui and Seth W. LloydLast week, the Supreme Court closed the book on its October 2019 Term, issuing its final opinions after the Fourth of July holiday. For all the notable features of this term—including the Court’s first-ever telephonic arguments, numerous questions from Justice Thomas, and many high... ›