En Banc Activity / Petitions

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a case raising a question related to jurisdiction over an appeal from the Patent Trial and Appeal Board; a dismissal agreement in a case raising questions related to vitiation; and the denial of petitions in three cases raising questions related to prosecution history estoppel and the Appointments Clause. Here are the details.

New Petitions

A new petition was filed in one case.

In Apple Inc. v. Universal Secure Registry LLC, Apple asked the en banc court to review the following question:

  • “Whether this Court has jurisdiction to review a decision by the Patent Trial and Appeal Board to terminate—contrary to statute—an instituted Covered Business Method or other post-grant review proceeding twelve months after institution without deciding the patent merits.”

Dismissal Agreement

A dismissal agreement was filed in the following case:


The Federal Circuit denied petitions in the following three cases: