Here is an update on recent en banc activity at the Federal Circuit in patent cases. Next week the court will hear oral argument in one of the two pending en banc cases. As for petitions for en banc review, the court received a new petition filed by a pro se party, and the court denied two petitions raising questions related to the critical date of prior art and the written description requirement, respectively. Here are the details.
En Banc Cases
One of the Federal Circuit’s two pending en banc cases, Rudisill v. McDonough, will be argued next week. In this case, the court will consider the question of a veteran’s statutory entitlement to education benefits under the Montgomery GI Bill and the Post-9/11 GI Bill. For more information on the case, see our argument preview.
En Banc Petitions
New Pettion
A pro se party filed a petition for rehearing en banc in Golden v. United States.
New Denials
The court denied petitions for en banc rehearing in the following patent cases:
- Innovation Sciences, LLC v. Amazon.com, Inc (critical date of prior art)
- Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc. (written description requirement)