Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition raising a question related to patent claim construction and new invitations to respond to petitions in two cases raising questions related to claim preclusion and double patenting. Here are the details.
New Petitions
A new petition was filed in one case.
In Greatbatch Ltd. v. AVX Corp., AVX asked the en banc court to review the following question:
- “[W]hether the district court erred as a matter of law in its multiple and contradictory constructions of the term ‘asymmetrical’ in claim 12 of U.S. Patent No. 6,905,627 (the ‘”627 patent’).”
New Invitations for Responses
The Federal Circuit invited responses to petitions in the following cases:
- In re PersonalWeb Technologies LLC (claim preclusion)
- Immunex Corp. v. Sandoz Inc. (double patenting)