Opinions & Orders – December 23, 2020

This morning, the Federal Circuit issued a precedential opinion in a government contracts case, a nonprecedential opinion in a veterans case, and a nonprecedential opinion in a patent case. The Federal Circuit also denied two petitions for writs of mandamus in two nonprecedential orders. Finally, the court granted a petition for a writ of mandamus in another nonprecedential order. The writ of mandamus vacates an order by the Western District of Texas to hold a patent case in its Waco Division rather than its Austin Division. Here are the introductions to the opinions and text from the orders.

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Recent Scholarship Related to the Federal Circuit

This month we highlight four papers, two related to institutional design and two related to patent law. The first paper addresses the creation of specialized courts and why these courts persist. The second paper focuses on the problem of myopia in comparative institutional analyses of legal institutions and the need to incorporate comparative failure analysis. The third and fourth papers address patent law, respectively, the creation of a database to conduct empirical studies of patent litigation in U.S. district courts, and the U.S. Patent Office’s attempts to provide clarity in the area of patent eligibility through guidance documents. 

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