En Banc Activity

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?”


Since our last update, the Federal Circuit denied reviewing the following patent cases: