Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new amicus brief supporting rehearing in a case that raises a question related to the standard for enhanced damages. The court also denied a petition raising questions related to patent eligibility. Here are the details.
En Banc Petitions
New Amicus Briefs
The court received a new amicus brief in SRI International, Inc. v. Cisco Systems Inc. Filed by High Tech Inventors Alliance in support of en banc rehearing, the brief argues that the panel embraced “the district court’s justification of enhanced damages based solely on a subset of the factors specified in this Court’s pre-Halo decision in Read,” “but Halo does not even mention, let alone endorse, the Read factors.” Moreover, says High Tech Inventors Alliance, a “mere recitation . . . cannot relieve the district court of its obligation to apply Halo’s ‘egregious misconduct’ standard.”
- Brief of High Tech Inventors Alliance as Amicus Curiae in Support of Petition for Rehearing or Rehearing En Banc
The Federal Circuit denied the petition for rehearing en banc in Interactive Wearables, LLC v. Polar Electro Oy, which raised questions relating to patent eligibility.