Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court denied two petitions for rehearing raising questions related to the Appointments Clause and the scope of usable prior art in inter partes review. The court also granted panel rehearing but denied as moot rehearing en banc in response to a petition raising questions related to claim construction and the written description requirement. Here are the details.
En Banc Petitions
In Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc., a case that raised questions related to claim construction and the written description requirement, the Federal Circuit issued an opinion granting panel rehearing but also an order denying as moot rehearing en banc.
The Federal Circuit also denied petitions in the following cases:
- Corephotonics, Ltd. v. Apple Inc. (Appointments Clause)
- Qualcomm Inc. v. Apple Inc. (scope of usable prior art in inter partes review)