Here is an update on recent en banc activity at the Federal Circuit in patent cases, including a report on a new petition and several denials of petitions.
A new joint en banc petition was filed last week in two related cases: Eli Lilly and Company v. Dr. Reddy’s Laboratories and Eli Lilly and Company v. Hospira, Inc. In the joint petition, Dr. Reddy’s Laboratories and Hospira, Inc. together asked the en banc court to review the following question:
“When an alleged equivalent falls within the territory surrendered by a patentee’s narrowing amendment, does the ‘tangential’ exception to prosecution history estoppel apply because the patentee surrendered more than necessary to avoid the examiner’s rejection?”
There were no new responses filed last week.
The Federal Circuit did not grant any en banc petitions last week.
The Federal Circuit recently denied en banc petitions in the following cases: