Last Week in the Federal Circuit (January 25-29): Year 1993 and LTE Technology
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...
View ArticleWho Gets Oral Argument (Revisited): January Argument Recap/February Argument...
Out with the old, and in with the new: it’s Court week for the short February month, so we thought we’d revisit what happened at oral arguments last month and what’s happening now.
View ArticleLast Week in the Federal Circuit (February 1-5): The Growing Universe of...
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....
View ArticleIt’s Two Weeks After Your Argument, And You’ve Heard Nothing. What Does That...
Since we started this blog, we have taken a look at win-loss percentages a number of times. Now that we recently updated our statistics, we took another look. This time we thought we’d add a twist...
View ArticleIs Your Appeal More Likely to Be Affirmed Since the Court Went Remote? a Post...
Last week I took a look at affirmance rates—both in general and excluding Rule 36s (see It’s Two Weeks After Your Argument, And You’ve Heard Nothing. What Does That Mean). This week I decided to see...
View ArticleLast Week in the Federal Circuit (February 8-12): Patent Term Adjustments...
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...
View ArticleLast Week in the Federal Circuit (February 15-19): Equitable Intervening Rights
The Federal Circuit had a slow week, issuing only 8 decisions (just 3 of them precedential). But among those was an interesting case with a question of first impression about the doctrine of...
View ArticleKnow Your En Banc Petition Process—How An En Banc Petition In GlaxoSmithKline...
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,...
View ArticleLast Week in the Federal Circuit (February 22-26): Who Needs Cross...
All eyes are on Arthrex this week, right? So of course we decided to take a look at a Board decision, and one that—so says the dissent—creates a circuit split. Below we provide our usual weekly...
View ArticleHow Often Do Federal Circuit Judges Sit?
Since we’re all about data at Federal Circuitry, we thought we’d take a quick look at what our data show about how often Federal Circuit judges sit each year. To quantify that, we looked at how many...
View ArticleLast Week in the Federal Circuit (March 1-5): Purely Functional Claiming And...
Last week was argument week, and the Federal Circuit previewed its new YouTube channel for streaming live arguments (sadly, audio only for now). Still, that didn’t slow the Federal Circuit down in...
View ArticleThe 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...
View ArticleOrder of Interest – Can You Challenge The Denial Of Institution Without...
Originating tribunal: Patent Trial and Appeal Board - Date: March 12, 2021 - Panel: Judges Newman, Moore, and Stoll, with Judge Moore writing the precedential order - Result: Appeal dismissed, and...
View ArticleLast Week in the Federal Circuit (March 8-12): The NeverEnding Story of the...
Wow—it was a busy week at the Court last week. Lots of opinions, and lots of precedential ones. There were lots of good choices out there, so we sort of threw a dart at a board to see which one to...
View Article50-50 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...
View ArticleLast Week in the Federal Circuit (March 15-19): Compensation Conflict
The Federal Circuit followed last week’s busy week with a slower one, issuing ten total decisions. In one of its two precedential opinions, the Court took on a circuit split over overtime...
View ArticleWhen Do Federal Circuit Judges Sit?
A couple weeks ago we wrote about how often Federal Circuit judges sit in a given year (see How Often Do Federal Circuit Judges Sit?). Spoiler: they sit a lot. In that post, though, we looked at the...
View ArticleLast Week in the Federal Circuit (March 22-26): Improving A Technological...
Spring seems to have arrived in DC, and cherry blossom trees are starting to bloom all over the region. But the beautiful weather this weekend didn’t stop us from our weekly review of all things...
View ArticleRehearing revisited: Do some judges CFR more often than others?
In a recent post, we took a look at data on rehearing petitions—specifically, the timing of calls for responses (CFRs). Today, we dig further into that data to see if we can identify judges whose...
View ArticleLast Week in the Federal Circuit (March 29-April 2): A POSA By Any Other Name …
In a slow week, the Federal Circuit nevertheless gave patent litigators everywhere a non-precedential opinion to nibble on about the definition of the ever-present person having ordinary skill in the...
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