Here is an update on recent en banc activity at the Federal Circuit. The court received two new petitions for rehearing en banc: one in a patent case raising a question related to the doctrine of equivalents, and one in a pro se case. Here are the details.
New Petitions
New petitions for rehearing en banc were filed in two cases.
In Mass Engineered Design, Inc. v. Planar Systems, Inc., Planar Systems asked the en banc court to review the following question:
- “Whether a party seeking to establish 35 U.S.C. § 112(f) statutory equivalents is required to provide particularized testimony and linking argument of equivalents as is required to establish infringement under the Doctrine of Equivalents.”
In Bondyopadhyay v. United States, a pro se case, Bondyopadhyay asked the en banc court to review a panel’s holding.