Supreme Court Review: Sometimes What Is Not Decided Matters More Than What Is
- Last 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... ›
Fun with Numbers from the Federal Circuit’s First Three Months of Telephonic Arguments
By: Seth W. Lloyd and Brian R. MatsuiWith the start of the Federal Circuit’s July oral arguments, we thought it made sense to look back at the Court’s first three months of telephonic hearings (April, May, and June). What do those sittings show about how the COVID pandemic is affecting the... ›
The Federal Circuit Goes Remote
By: Brian R. Matsui and Seth W. LloydAs courts across the country grapple with the COVID-19 pandemic, the Federal Circuit has streamlined its docket and moved oral arguments from the courtroom to conference calling. Early indications suggest that is changing how the Court decides cases —cases in the past that would... ›
Do We Already Know the Federal Circuit’s Final Answer in Arthrex?
By: Seth W. Lloyd and Brian R. MatsuiUPDATE: As predicted below, the Federal Circuit denied the petitions for rehearing en banc, over several dissents, on March 23. While the rest of us wait on the Federal Circuit’s decision on the rehearing petitions in Arthrex, Inc. v. Smith & Nephew, Inc. ,... ›