Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to collateral estoppel between patent infringement actions and determinations of the Patent Trial and Appeal Board. The court also invited a response to a petition raising a question related to the scope of usable prior art in inter partes review proceedings. Here are the details.
En Banc Petitions
In Jump Rope Systems, LLC v. Coulter Ventures, LLC, Jump Rope Systems asked the en banc court to decide the following question:
- Whether “the collateral estoppel doctrine applies to a patent infringement action in federal district court when the plaintiff in that case previously lost on appeal before this Court on review of a determination by the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) that a claim was unpatentable.”
New Invitation for Response
The Federal Circuit invited a response to the petition in Qualcomm Inc. v. Apple Inc., which raised a question relating to the scope of usable prior art in inter partes review proceedings.