Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Scholarship

Recent Scholarship Related to the Federal Circuit

This month we highlight two scholarly articles related to the Federal Circuit.

Here are the details.

Retroactivity and Appointments

In his article, Professor Andrew C. Michaels “reviews the doctrine of retroactivity and appointments, discusses the relevant academic literature, and proposes a coherent framework for courts to use when faced with these important questions.” Specifically, he argues that “[t]he current law of retroactivity in the Appointments Clause context is confused” and has resulted in “significant practical consequences.” Professor Michaels also explores the Federal Circuit’s recent Arthrex decision and the court’s application of the doctrine of retroactivity with regards to the Appointments Clause.

Does Conjoint Analysis Reliably Value Patents?

In their article, Professor Bernard Chao and Sydney Donovan explore the reliability of conjoint analysis to calculate the value of the contribution a patent may make to the overall value of a product. The authors argue that “courts should not allow evidence of conjoint analysis to show the specific monetary value of specific features.” In exploring the validity of conjoint analysis, the authors found that their “surveys yielded irrationally high numbers.” Further, they demonstrate that “experts can manipulate the results of conjoint analysis by selecting among a number of different ostensibly reasonable statistical choices and picking the one that yields the most desirable outcome.”

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News

Recent News on the Federal Circuit

Here’s the latest.

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Featured / News / Supreme Court Activity

Breaking News – Supreme Court Grants Cert. in United States v. Arthrex, Inc.

Yesterday the Supreme Court granted the petitions for certiorari in three related Arthrex cases: (1) United States v. Arthrex, Inc. (19-1434), (2) Smith & Nephew, Inc. v. Arthrex, Inc. (19-1452), and (3) Arthrex, Inc. v. Smith & Nephew, Inc. (19-1458). The Court decided to consolidate the cases for briefing and oral argument and announced that all future filings and activity will be reflected on docket of No. 19-1434. The Court’s widely anticipated review will determine the fate of Administrative Patent Judges (APJs) under the Appointments Clause. Here are the details.

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News

Recent News on the Federal Circuit

Here’s the latest.

Read More
News

Recent News on the Federal Circuit

Here’s the latest.

Read More
Petitions / Supreme Court Activity

Recent Supreme Court Activity

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More
Supreme Court Activity

Recent Supreme Court Activity

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More
Supreme Court Activity

Recent Supreme Court Activity

This post summarizes recent activity at the Supreme Court in cases decided by the Federal Circuit.

Here are the details.

Read More