Federal Circuitry

September 20, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (September 13-17): More Forays Into Expert Testimony and Damages
By: Seth W. Lloyd and Nishi A Tavernier
Nishi Tavernier, Morrison & Foerster associate, co-authored this post. We’re still waiting (and probably will be for a little while) for the first opinion from newly confirmed Judge Tiffany Cunningham. But in the meantime, we provide below our usual weekly statistics and our case
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September 14, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (September 6-10): The (Un)Enforceability Of Arbitration Agreements At The PTAB
By: Roman A. Swoopes
The Federal Circuit issued just one precedential opinion the week of Labor Day (along with several non-precedential opinions and Rule 36 judgments). But it’s an interesting one, addressing the interplay between arbitration agreements and nonappealability of decisions to institute inter partes review. Below we
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September 07, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 30-September 3): Candor at the Patent Office
By: Ethan M. Weiner Ph.D.
The Federal Circuit returned to a full week of in-person arguments last week. But that didn’t keep it from issuing a range of decisions in patent and non-patent cases. Below we provide our usual weekly statistics and our case of the week—our highly subjective
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August 31, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 23-27): Supporting Damages Expert’s Testimony
With Labor Day around the corner and summer coming to a close, the Federal Circuit had a busy week with a lot of precedential opinions to pick from. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection
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August 23, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 16-20): Controlling for Authentication
By: Nate Tan
It has been another steamy August week here in Washington and at the Federal Circuit, with eleven new opinions fresh off the press. Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued
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August 16, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 9-13): The Dangers of Relying Solely on Extrinsic Evidence for Claim Construction
By: Wesley WL Chen
Although things often slow down in Washington in the August heat and humidity, that wasn’t the case this past week for the Federal Circuit. All told, the Court issued 5 precedential opinions and ruled in 17 cases. Below we provide our usual weekly statistics
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August 09, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (August 2-6): No Secret For Obtaining Venue
By: Seth W. Lloyd
The Federal Circuit wrapped up another (perhaps final) week of telephone arguments last week. As of now, the Court is still set to restart in-person arguments next month. But we’ll have to see if those plans change. Below we provide our usual weekly statistics
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August 03, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (July 26-30): Sua sponte claim construction
The Federal Circuit has its August sitting this week—its last before September’s scheduled return to in-person arguments. Before taking the virtual bench for the final time, the Court issued six opinions last week. Below we provide our usual weekly statistics and our case of
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July 26, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (July 19-23): Considering Secondary Considerations
Keniece Gray and Maryrose McLaughlin, Morrison & Foerster summer associates, co-authored this post. As expected, the Senate has voted to confirm Tiffany Cunningham as the Federal Circuit’s newest judge. This makes history, giving the Federal Circuit its first ever Black judge and bringing the
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July 19, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (July 12-16): Under Alice, Another Patent Bites The Dust
Keniece Gray, Morrison & Foerster summer associate, co-authored this post. We could have a new Federal Circuit judge today (achieving gender parity on the Court). Last week, the Senate invoked cloture (by a 63-34 vote) on the nomination of Tiffany Cunningham to replace Judge
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Topic Archives: Last Week in the Federal Circuit

Last Week in the Federal Circuit (September 13-17): More Forays Into Expert Testimony and Damages

By: Seth W. Lloyd and Nishi A Tavernier

Last Week in the Federal Circuit (September 6-10): The (Un)Enforceability Of Arbitration Agreements At The PTAB

By: Roman A. Swoopes

Last Week in the Federal Circuit (August 30-September 3): Candor at the Patent Office

By: Ethan M. Weiner Ph.D.

Last Week in the Federal Circuit (August 23-27): Supporting Damages Expert’s Testimony

Last Week in the Federal Circuit (August 16-20): Controlling for Authentication

By: Nate Tan

Last Week in the Federal Circuit (August 9-13): The Dangers of Relying Solely on Extrinsic Evidence for Claim Construction

By: Wesley WL Chen

Last Week in the Federal Circuit (August 2-6): No Secret For Obtaining Venue

By: Seth W. Lloyd

Last Week in the Federal Circuit (July 26-30): Sua sponte claim construction

Last Week in the Federal Circuit (July 19-23): Considering Secondary Considerations

Last Week in the Federal Circuit (July 12-16): Under Alice, Another Patent Bites The Dust