Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition for rehearing concerning the standard of determining whether a claim is a “coined term” and two denials. Here are the details.
New Petition
Since our last update, TA Instruments-Waters, LLC, filed a petition for rehearing en banc in the case Malvern Panalytical Inc. v. TA Instruments-Waters, LLC. It requests the Federal Circuit review the following question:
- “What standard should courts apply when determining whether a claim term is a ‘coined term,’ i.e., a term that has no ordinary meaning to skilled artisans as of the filing of the patent application?”
Denials
Since our last update, the Federal Circuit denied reviewing the following patent cases: