En Banc Activity / Petitions

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition raising a question related to claim construction; new invitations to respond to petitions raising questions related to novelty and non-obviousness; and the denial of two petitions raising questions related to design patent law and joinder in inter partes review proceedings. Here are the details.

New Petition

A new petition was filed in one case.

In IBSA Institut Biochimique, S.A. v. Teva Pharmaceuticals USA, Inc., IBSA asked the en banc court to review the following question:

  • “Where a non-English language foreign priority application is the best intrinsic evidence of the inventors’ understanding of claim scope, can the foreign priority application be discounted during claim construction due to minor, irrelevant differences from the United States application?”

New Invitations for Responses

The Federal Circuit invited responses to petitions in the following cases:


The Federal Circuit denied the petitions for en banc rehearing in the following two cases:

Notably, however, in Facebook, Inc. v. Windy City Innovations, LLC the panel granted panel rehearing and issued a modified opinion.