En Banc Activity / Featured
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Here is an update on recent en banc activity at the Federal Circuit. Since our last update, with respect to granted petitions we have posted an opinion summary for a government contract case and an argument recap for a case addressing federal personnel law. With respect to pending petitions, two new petitions for en banc rehearing have been filed, one raising a question related to claim construction and one a question related to prosecution history estoppel. The Federal Circuit also denied petitions for en banc rehearing in two patent cases, one raising a question related to patent eligibility and one raising questions related to Federal Rule of Civil Procedure 52. Here are the details.

En Banc Cases

Opinion Summary

Since our last update we’ve posted an opinion summary in Percipient.AI, Inc. v. United States, a case addressing standing to present a bid protest with respect to a government contract.

Argument Recap

Since our last update we’ve posted an argument recap in Lesko v. United States, a federal employment law case raising questions ultimately asking whether the Office of Personnel Management is authorized to adopt a requirement that any overtime pay be authorized in writing.

En Banc Petitions

New Petitions

Since our last update, two new petitions for en banc rehearing have been filed.

In FMC Corp. v. Sharda USA, LLC, FMC asked the court to review the following question:

  • “Do ordinary claim-construction principles control whether a preamble is limiting, or are preambles subject to special, categorical rules applicable to no other part of the claim?”

In Colibri Heart Valve LLC v. Medtronic CoreValve LLC, Colibri Heart Valve asked the court to review the following question:

  • “Whether, under the doctrine of prosecution history estoppel, the amendment or cancellation of one claim can limit the scope of equivalents available for a separate claim that does not recite the claim limitation that prompted the amendment or cancellation.”

Denials

Since our last update, the Federal Circuit has denied petitions for en banc rehearing in the following cases: