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 questions related to standing; a new invitation for responses to petitions raising questions related to assignor estoppel as well as a new amicus brief in the same case; the denial of petitions in five cases raising questions related to claim construction, persons who may petition for post-issuance review proceedings, jurisdiction, and non-obviousness; and the grant of a motion to withdraw in a case raising questions related to vitiation. Here are the details.

New Petitions

A new petition was filed in one case.

In Schwendimann v. Arkwright Advanced Coating, Arkwright asked the en banc court to review the following two questions:

  1. “Whether a party with no exclusionary rights can request that the court grant the remedy of reformation to transfer such rights nunc pro tunc to cure Article III standing as of the inception of suit?”
  2. “When a district court determines standing on summary judgment based on an evidentiary record, whether it is appropriate on appeal to affirm standing based only on well-pled allegations in the complaint?”

New Invitation for Responses

The Federal Circuit invited responses to petitions by both parties in the following case raising questions related to assignor estoppel:

New Amicus Brief

A new amicus brief was filed in the same case, Hologic, Inc. v. Minerva Surgical, Inc., in support of the court granting en banc review to consider questions related to assignor estoppel:


The Federal Circuit denied petitions in the following five cases:

Withdrawn Petition

The court construed a “dismissal agreement” as a motion to withdraw the petition and granted the motion in the following case: