Here is an update on recent en banc activity at the Federal Circuit. Highlights include two denials of petitions for rehearing en banc in patent cases.
Since our last update, the Federal Circuit has denied two petitions for rehearing en banc in patent cases:
- In Inguran, LLC v. ABS Global, Inc., a patent case, the Federal Circuit denied review of the following question: “Does the absence of a specific finding of indirect infringement by a jury render a district court powerless to fashion equitable relief to address an infringer carrying out the infringing conduct through third-parties?”
- In Traxcell Technologies, LLC v. AT&T, Inc., another patent case, the Federal Circuit also denied review of the following two questions:
- “Is a timely objected to Magistrate Judge’s Report & Recommendation, not yet adopted or approved by a District Court pursuant to Title 28 U.S.C. §636(b), a final ruling for purposes of Title 35 U.S.C. §285? Does the reliance on properly filed objections to a Magistrate’s Report & Recommendation for maintaining an infringement theory, while also advancing an alternate infringement theory taking into account the Magistrate’s Order, illustrate a disregard of the Magistrate Judge’s Order for purposes of finding a case exceptional under 35 U.S.C. §285?”
- “Is an objected to Magistrate Ruling, whether by Order or by Report & Recommendation, a final ruling such that a party should know its position is unreasonable before adopted or approved by a District Court?”