En Banc Activity / Petitions

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two pro se petitions. Additionally, the court denied a petition concerning post-institution discovery rulings by the Patent Trial and Appeal Board related to real-parties-in-interest disputes. Here are the details.

En Banc Cases

No new activity to report.

En Banc Petitions

New Petitions

New petitions for rehearing en banc were filed in two pro se cases involving the same plaintiff-appellant, Mankaruse v. Intel Co. and Mankaruse v. Raytheon Co.

New Denial

The Federal Circuit issued a denial in CyWee Group Ltd. v. Google LLC, where CyWee Group had asked the en banc court to review the following two questions:

  1. “Whether the panel decision holding that all post-institution discovery rulings related to real-parties-in-interest issues are unreviewable upon appeal should be allowed to stand.”
  2. “Whether that panel decision should be allowed to stand when it sanctions arbitrary and capricious decision making by the Patent Trial and Appeal Board in direct contravention of the rules that the Board established to be relied upon by petitioners and patent owners for post-institution discovery related to real-parties-in-interest issues.”