As we reported earlier today, late Friday afternoon the Federal Circuit released a precedential order granting a petition for rehearing en banc in a government contract case. Today the Federal Circuit also released two nonprecedential orders, both of which were dismissals. Here is the introduction to the precedential order and links to the dismissals.
Percipient.AI, Inc. v. United States (Precedential Order)
Appellee, The United States, filed a combined petition for panel rehearing and rehearing en banc. A response to the petition was invited by the court and filed by Appellant Percipient.ai, Inc. (“Percipient”). The petition and response were considered and thereafter referred to the circuit judges in regular active service. A poll was requested and taken, and the court decided that the appeal warrants en banc consideration.
The combined petition for panel rehearing and rehearing en banc is granted. This case will be reheard en banc under 28 U.S.C. § 46 and Federal Rule of Appellate Procedure 35(a). The court en banc shall consist of all circuit judges in regular active service who are not recused or disqualified, as well as any senior circuit judge who participated in the panel decision and elects to participate as a member of the court en banc, in accordance with the provisions of 28 U.S.C. § 46(c).