En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to patent reissue and the written description requirement; two new invitations for response to petitions presenting questions related to patent reissue, the written description requirement, and appellate jurisdiction; and denials of two petitions presenting questions related to the non-obviousness requirement and anticipation. Here are the details.

New Petition

Since our last update, a new petition was filed in one case.

In Cioffi v. Google LLC, Cioffi asked the en banc court to review the following questions:

  1. “What is the proper construction of Section 251’s requirement that, upon certain conditions being met, the Patent Office shall ‘reissue the patent for the invention disclosed in the original patent?’”
  2. “Does Section 251 permit reissue claims that (1) are narrowed—not broadened—and (2) meet Section 112’s written-description requirement?”

New Invitations for Response

The Federal Circuit invited responses to the petitions in the following two cases:

Denials

Since our last update, the Federal Circuit has denied the petitions in the following two cases: