En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to use of a printed publication in an inter partes review. The court also denied a petition in a case raising questions related to inter partes review and the effective date of the Federal Circuit’s remedy in Arthrex, Inc. v. Smith & Nephew, Inc. Here are the details.

New Petition

In Baxter Corp. v. Becton, Dickinson and Co., Baxter asked the en banc court to review the following question:

  • Did the Board err when it used an uncited figure from a printed publication to “deci[de] to institute the subject IPR, and then find[] all challenged claims of [the ’273 Patent] invalid”?


The Federal Circuit denied a petition in the following case: