Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to patent eligibility and inter partes review estoppel. Here are the details.
En Banc Petitions
In CareDx, Inc. v. Natera, Inc., CareDX asked the en banc court to review the following questions:
- “Whether an improvement on a human-made method is patent eligible at Alice step one, when the claimed advance is also human-made?”
- “Whether an improvement upon a human-made method is patent eligible at Alice step two, when the method includes an innovative application of existing tools.”
In Click-to-Call Technologies, LP v. Ingenio, Inc., Thryv Holdings asked the en banc court to review the following question:
- “Whether 35 U.S.C. § 315(e)’s IPR estoppel provision applies only to claims addressed in the final written decision, as consistent with the holdings in Shaw, and Intuitive Surgical, and whether that interpretation remains correct after SAS Institute, Inc. v. Iancu, 138 S. Ct. 1348 (2018).”