En Banc Activity / Petitions
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Here is an update on recent en banc activity at the Federal Circuit in patent cases. As for the only pending en banc case, addressing design patent law’s non-obviousness requirement, three amicus curiae briefs were filed in support of appellants, and three amicus curiae briefs were filed in support of neither party. As for petitions, highlights include a new petition presenting a question related to inducement of infringement and two denials in other patent cases. Here are the details.

En Banc Case

In the only pending en banc case, LKQ Corporation v. GM Global Technology Operations LLC, several briefs have been filed:

Three amicus curiae briefs were filed in support of appellants:

  • Eagle Eyes Traffic Industrial Co., Ltd, filed an amicus curiae brief in support of appellants.  
  • Patent Law Professors, The Repair Association, Securepairs, Ifixit, and US PIRG filed a combined amicus curiae brief in support of appellants.
  • Automotive Body Parts Association filed an amicus curiae brief in support of appellants.

Three amicus curiae briefs were filled in support of neither party:

  • American Intellectual Property Law Association filed an amicus curiae brief in support of neither party.
  • The United States, filed an amicus curiae brief in support of neither party.
  • Institute For Design Science And Public Policy, and Thirty-Six Distinguished Industrial Designers filed an amicus curiae brief in support of neither party.

Petition Cases

Petitions

Since our last update, a new petition was filed in a patent case, United Therapeutics Corporation v. Liquidia Technologies, Inc. In this petition, Liquidia Technologies asked the court to review the following question:  

  • “Whether an Inter Partes Review Final Written Decision from the Patent Trial and Appeal Board rendering unpatentable all issued claims should be considered in assessing an accused infringer’s subjective intent to induce infringement and whether such a decision is sufficient to negate liability for induced infringement under 35 U.S.C. § 271(b).” 

Denials

Since our last update, the Federal Circuit denied two petitions for rehearing en banc: