En Banc Activity / Petitions

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:

  1. “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.”
  2. “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).”