Here is an update on recent en banc activity in patent cases at the Federal Circuit. All we have to report is one new petition raising a question about the authority of the International Trade Commission to institute an investigation. Here are the details.
New Petition
A new petition for rehearing en banc was filed in Sonos, Inc. v. International Trade Commission. Google asked the en banc court to review the following question:
- “Whether the International Trade Commission’s authority under 19 U.S.C. § 1337(a)(1)(B)(i) is limited to articles that infringe a patent as imported, or instead extends to cases where infringement can occur only when additional features are added or additional steps are performed after importation.”