Yesterday, 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, the …›
Since 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). …›
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 …›
With 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 …›
As 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 …›
UPDATE: 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., there …›