Here is an update on recent en banc activity at the Federal Circuit. The court lifted a stay of proceedings in a veteran’s benefits case and requested supplemental briefing. As for patent cases, the court received a new petition raising questions related to the vacatur of a preliminary injunction. Here are the details.
En Banc Case
Order Lifting Stay
The court lifted a stay in the proceedings of Taylor v. McDonough, a case related to veteran’s benefits, and requested supplemental briefing from both parties regarding equitable doctrines, particularly equitable estoppel.
En Banc Petitions
New Petition
In Lite-Netics, LLC v. Nu Tsai Capital LLC., Nu Tsai Capital asked the en banc court to review the following questions:
- “Whether the panel erred, as a factual matter, by expressing in a precedential opinion that Appellee did not argue for preservation of a preliminary injunction in part, if the panel found other portions to be an abuse of discretion.”
- “Alternatively, whether the panel’s decision to vacate an entire preliminary injunction (including parts unchallenged by Appellant) violated the party-presentation principle and Federal Rule of Appellate Procedure 28(a)(9).”