April 22, 2021 - Federal Circuit Insights

Revisiting Cancelled Oral Arguments

It has been a little while since we took a look at what—from a statistics standpoint—went down at recent oral arguments (see last post here). Since the Federal Circuit went remote, there was an initial wave of a high percentage of appeals that would …›

April 8, 2021 - Federal Circuit Insights

Will Your Appeal Have Argument Soon?

There’s a perception in the Federal Circuit bar that that Court has been scheduling cases for oral argument a bit quicker recently. Now, on some levels, it’s all relative—the Federal Circuit has always been pretty quick in getting cases to argument (see our …›

March 16, 2021 - Federal Circuit Insights

50-50 Federal Circuit?

Well, that didn’t take long. As we noted in January, although the Federal Circuit had no vacancies during President Trump’s term, several judges were eligible or soon-to-be-eligible to create a vacancy for President Biden (see There’s a New President. How could that Affect Practice …›

March 10, 2021 - Federal Circuit Insights

The Lifespan of a Rehearing Petition

You’ve lost your case before a Federal Circuit panel and you file a rehearing petition. When can you expect good news (or at least some news…)? Timing of rehearing decisions For a rehearing petitioner, the threshold positive sign to look for is a call for …›

February 23, 2021 - Federal Circuit Insights

Know Your En Banc Petition Process—How An En Banc Petition In GlaxoSmithKline v. Teva Led To A New Panel Argument Without Apparent En Banc Action

Although argument week isn’t until next week, the Federal Circuit heard oral argument today in two cases. One was rescheduled from earlier this month for medical reasons. But the other, GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., No. 18-1976, caught our eye because of …›