Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the Department of Veterans Affairs filed its en banc brief. As for requests for rehearing en banc in patent cases, the court received a new petition filed by a pro se party and denied three petitions related to venue, eligibility, and claim construction. Here are the details.
En Banc Case
In the only pending en banc case, a veterans case entitled Taylor v. McDonough, the Department of Veterans Affairs filed its en banc brief. In it, the VA argues that “Congress has not authorized the payment of appropriated funds for periods that predate a claimant’s application for benefits, even for sympathetic claimants, and an order directing payment of such funds here based upon equitable estoppel would violate the separation of powers.”
En Banc Petitions
A pro se party filed a petition for rehearing en banc in Sgromo v. Target Brands Inc.
The court denied petitions for en banc rehearing in the following patent cases:
- Andra Group, LP v. Victoria’s Secret Stores, LLC (venue)
- PersonalWeb Technologies LLC v. Google LLC (eligibility)
- In re PersonalWeb Technologies, LLC (claim construction)