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 Federal Vacancies Reform Act, grounds for inter partes review, and the ability of a Federal Circuit panel to nullify or render advisory an earlier judgment of the court. Here are the details.
En Banc Petitions
Since our last update, the Federal Circuit has denied the petitions in the following cases:
- Arthrex, Inc. v. Smith & Nephew, Inc. (Federal Vacancies Reform Act and grounds for inter partes review)
- Atlanta Gas Light Co. v. Bennett Regulator Guards, Inc. (ability of a Federal Circuit panel to nullify or render advisory an earlier judgment of the court)