Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to cases requiring fair notice of asserted grounds of invalidity in an inter partes review and minimum standards of agency decision making under the Administrative Procedure Act. The court also denied a petition for rehearing en banc in a case raising a question concerning the Patent Trial and Appeal Board’s ability to deny a petition for inter partes review based on the existence of pending litigation concerning the same patents. Here are the details.
En Banc Petitions
In Oren Technologies, LLC v. Proppant Express Investments LLC, Proppant Express Investments LLC asked the en banc court to review the following question:
- Whether “the Panel decision is contrary to the following precedents of this Court: In re NuVasive, 841 F.3d 966 (Fed. Cir. 2016); Applications in Internet Time, LLC v. RPX Corp., 897 F.3d 1336 (Fed. Cir. 2018).”
The Federal Circuit denied the petition for rehearing en banc in Intel Corp. v. VLSI Technologies LLC, which raised a question relating to the Patent Trial and Appeal Board’s ability to deny a petition for inter partes review based on pending litigation concerning the same patents.