Here is an update on recent en banc activity at the Federal Circuit. It has been a quiet week. Highlights include a second caption change in a veterans case pending before the en banc court, a grant of panel rehearing in a patent case raising a question concerning inducement of infringement in the context of Hatch-Waxman, and a denial of a petition in a patent case raising questions related to enablement and claim construction. Here are the details.
En Banc Case
The caption was changed in Arellano v. McDonough (formerly Arellano v. Tran and before that Arellano v. Wilkie) to reflect confirmation of the new Secretary of Veterans Affairs, Denis McDonough.
En Banc Petitions
Panel Rehearing
In GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a panel, citing one of the court’s internal operating procedures, construed a petition for en banc rehearing as requesting relief from the panel that heard the appeal. The panel then granted rehearing to address the following question:
- “[W]hether there is substantial evidence to support the jury’s verdict of induced infringement during the time period from January 8, 2008 through April 30, 2011[.]”
The panel rehearing will take place one week from today on February 23, 2021.
Denial
The Federal Circuit denied a petition in the following case:
- Avenue Innovations, Inc. v. E. Mishan & Sons Inc. (enablement and claim construction)