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 sovereign immunity and inter partes review; new invitations to respond to petitions raising questions related to inter partes review as well as the use of Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office; and the denial of a petition raising questions related to eligible subject matter. Here are the details.
New Petition
A new petition was filed in Board of Regents of the University of Texas System v. Baylor College of Medicine. The Board of Regents asked the en banc court to review the following question:
- “Does State sovereign immunity apply when the Patent Trial and Appeal Board adjudicates a private petition in Inter Partes Review and the patent is owned by a State?”
New Invitations for Responses
The Federal Circuit invited responses to petitions in the following cases:
- Apple Inc. v. Maxell, Ltd. (inter partes review)
- Waterblasting, LLC v. Iancu (Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office)
Denial
The Federal Circuit denied a petition in the following case:
- C R Bard Inc. v. AngioDynamics, Inc. (eligible subject matter)