Here is an update on recent en banc activity at the Federal Circuit. The court received a new petition in a patent case, which raised an issue related to the Patent and Trademark Office’s ability to deny inter partes review based on pending litigation concerning related patents. Here are the details.
En Banc Petitions
In Intel Corp. v. VLSI Technologies LLC, Intel asked the en banc court to review the following questions:
- Whether “the panel’s decision is contrary to the following decisions: Cuozzo Speech Technologies, LLC v. Lee, 136 S. Ct. 2131 (2016); SAS Institute, Inc. v. Iancu, 138 S. Ct. 1348 (2018); Thryv, Inc. v. Click-To-Call Technologies, LP, 140 S. Ct. 1367 (2020); and Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345 (Fed. Cir. 2018).
- “Whether the Court has jurisdiction to review a decision of the U.S. Patent and Trademark Office denying a petition for inter partes review where the appeal argues that the decision was based on an agency rule that exceeds the Office’s statutory authority, is arbitrary and capricious, or was adopted without observance of procedure required by law.”