En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition filed in a patent case raising questions regarding the domestic industry requirement at the International Trade Commission and a denial of another petition in another patent case raising questions related to infringement. Here are the details.

New Petition

Since out last update, a new petition was filed in Roku, Inc. v. International Trade Commission. This petition asks the Federal Circuit to review the following questions:

  1. Whether “[i]n affirming the U.S. International Trade Commission’s (ITC) determination that Universal Electronics, Inc. (UEI) satisfied the economic prong of the domestic industry requirement, the panel misapprehended that, under the correct facts, the only ‘articles protected by’ the ’196 patent are televisions made abroad by a third party, Samsung.”
  2. Whether “[t]he panel incorrectly found that ‘there is no dispute that the “intellectual property” at issue’—the ’196 patent—is practiced by UEI’s QuickSet software.”


Furthermore, the Federal Circuit Court denied rehearing in VLSI Technology LLC v. Intel Corporation. The petition presented the following questions:

  1. Whether “[t]he panel affirmed the literal-infringement judgment for the ’373 patent because it concluded that the jury could have reasonably found that the voltage source for the C6SRAM memory in Intel’s products ‘switches at the time that VCCR voltage drops below the minimum for C6 SRAM’s data retention— RING_RETENTION_VOLTAGE.'”
  2. Whether “[t]he panel also misapprehended Intel’s non-infringement argument with respect to the ‘when’ claim limitations.”