Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court has denied three petitions for en banc rehearing. These petitions raised questions concerning the substantial evidence standard for review of decisions of the Patent Trial and Appeal Board, the test for analogous prior art, after-arising technologies, the written description and enablement requirements, and waiver of alternative grounds for affirmance. Here are the details.
Denials
Since our last update, the Federal Circuit has denied three petitions:
- Maxell, Ltd. v. Amperex Technology Limited (substantial evidence standard and test for analogous art)
- Novartis Pharmaceuticals Corp. v. Torrent Pharma Inc. (after-arising technologies and the written description and enablement requirements)
- Honeywell International Inc. v. 3G Licensing, S.A. (waiver of alternative grounds for affirmance)