Federal Circuitry

February 16, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (February 8-12): Patent Term Adjustments When Examiners Back Down
Did you remember to send your favorite examiner a Valentine’s Day card? Okay, so maybe that’s not the typical applicant/examiner relationship. But this week we do look at some potential consequences from the back and forth between examiners and applicants. Below we provide our
... ›
February 08, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (February 1-5): The Growing Universe of Printed Publications
Since yesterday was the Super Bowl, we assume that all of our readers spent today as we did, thinking about the Federal Circuit's recent decision in M&K Holdings about a video compression patent. If not, we've got you covered. Below we provide our usual weekly
... ›
February 01, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (January 25-29): Year 1993 and LTE Technology
By: Soo J. Park
Despite no precedential patent decisions at the Federal Circuit, the Court still addressed some interesting issues last week, including whether a license agreement from 1993 bars patent infringement claims on LTE technology 25 years later. Below we provide our usual weekly statistics and our
... ›
January 25, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (January 18-22): Factual Obviousness and Yet Another Arthrex Challenge
By: Keunbong (KB) Do
Although the Federal Circuit has had a busy January, last week was light on precedential decisions (just one, in a case from the MSPB). Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case
... ›
January 19, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit: Waiver and Constitutional Avoidance
The Federal Circuit issued just one precedential opinion last week. But it’s an interesting one: The Court exercised its discretion to reach (or rather, avoid) a constitutional issue not pressed or passed upon by the trial court. Below we provide our usual weekly statistics
... ›
January 11, 2021 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (January 4-8): Mooting your opponent’s appeal
By: Brian R. Matsui and Seth W. Lloyd
Now that the new year has started, we’re seeing an uptick in precedential opinions. This week we decided to turn back to patent appeals, taking a look at IPRs and Article III—always a fun topic. Below we provide our usual weekly statistics and our
... ›
December 21, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (December 14-18): And/or confusion
By: Brian R. Matsui
Last week, we got what may be the last big batch of Federal Circuit opinions of 2020. (In 2019, only six more opinions issued between this time and the end of the year.) Although most of last week’s decisions were issued pretty speedily after
... ›
December 14, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (December 7-11): Standing and Invalidating the Court’s Own Local Rule
By: Brian R. Matsui and Seth W. Lloyd
This week we talk about the most important standing decision decided by any court last week. Ok, perhaps, it was the second most important standing decision. Last week’s case addresses who may sue, and when they must sue by. It was decided by an
... ›
December 07, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (November 30-December 4): Appellate Jurisdiction Over Agency Orders
Apparently it’s a myth that Thanksgiving turkey makes you sleepy. We beg to differ, judging from how much time it took us to shake off the food coma. The Federal Circuit seemingly was in the same boat: It had a slow post-Thanksgiving week, issuing
... ›
November 23, 2020 - Last Week in the Federal Circuit
Last Week in the Federal Circuit (November 16-20): A Beautiful Sunset for CBMs
By: Brian R. Matsui
It’s a few days before Thanksgiving and the sunsets are shorter and earlier, so we thought we’d discuss a CBM case before the sun completely sets on that procedure. Below we provide our usual weekly statistics and our case of the week—our highly subjective
... ›