Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to the standard for an award of attorneys’ fees. The court also invited a response to a petition raising questions related to patent eligibility. Here are the details.
En Banc Petitions
In Seoul Viosys Co. v. P3 International Corp., P3 International asked the en banc court to review the following question:
- “Whether a party seeking an exceptional case determination can be faulted for seeking an award of its attorney fees early in and throughout the case, and that conduct weighed against an exceptional case determination, on the sole ground that the movant’s demands ‘hampered’ settlement due to the refusal of the proponent of the baseless claim to discuss attorney fees.”
New Invitation for Response
The Federal Circuit invited a response to the petition in CareDx, Inc. v. Natera, Inc., which raised questions related to patent eligibility.