Here is an update on recent en banc activity at the Federal Circuit. The court received an amicus brief supporting rehearing in a case raising questions related to patent eligibility. The court also denied two petitions, one raising questions related to claim construction and another filed by a pro se party. Here are the details.
En Banc Petitions
New Amicus Brief
The court received a new amicus brief supporting panel and en banc rehearing in CareDx, Inc. v. Natera, Inc., a case that raises questions related to patent eligibility.
Paul R. Michel, former Chief Judge of the Federal Circuit, filed an amicus brief arguing that “the present case represents an ideal opportunity for the full court to ensure that patent protection remains available for life-saving diagnostic inventions.” He maintains that “an invention that is directed to a new and improved diagnostic measurement method” is, “at a minimum, patent eligible.” He contends “the present case represents another unfortunate instance in which a seemingly novel and nonobvious medical diagnostic invention is denied patent protection,” and, he argues, this “runs counter [to] the purpose of the patent system.”
Here is the brief:
New Denials
Since our last update, the Federal Circuit has denied the petitions in the following cases:
- Vocalife LLC v. Amazon.com, Inc. (claim construction)
- CoolTVNetwork.com, Inc. v. Blackboard, Inc. (pro se)