En Banc Activity / Petitions

Here is an update on recent en banc activity at the Federal Circuit in patent cases. One new petition was filed, the court asked for a response to it, and the court denied another petition. Read on for the details.

New Petitions

An en banc petition was filed in BioDelivery Sciences Int’l, Inc. v. Aquestive Therapeutics, Inc. In its petition, BioDelivery Sciences International asked the en banc court to review the following questions:

1. “Whether the Court has authority to review the PTAB’s final decision in a remanded IPR for compliance with a remand order—regardless of the PTAB’s characterization of its decision?”

2. “Whether the Court’s remand order supplants the PTAB’s alleged inherent discretionary authority to reverse its lawful institution of IPRs on remand?”

3. “Whether a petitioner has a right to argue the merits of its appeal of the PTAB’s final disposition of remanded IPRs when the PTAB refused to provide petitioner due process, acted arbitrarily, or otherwise exceeded its authority?”

New Responses

The Federal Circuit invited a response to the petition filed in BioDelivery Sciences Int’l, Inc. v. Aquestive Therapeutics, Inc.


The Federal Circuit denied the petition for rehearing en banc in Solutran, Inc. v. Elavon, Inc.


The Federal Circuit did not grant any en banc petitions last week.