En Banc Activity / Featured / Petitions
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Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit invited a response to a petition raising a question related to the presumption of validity. The Federal Circuit also denied a petition for rehearing en banc in a patent case that asked the court to review questions related to claim construction. Here are the details.

En Banc Petitions

Invitation for Response

Since our last update, the Federal Circuit invited a response from LG Electronics Inc. to the petition in Mondis Technology Ltd. v. LG Electronics Inc. In its petition, Mondis Technology raised the following question:

  • “Does the presumption of validity set out in 35 U.S.C. § 282 apply to all written description cases or does the burden shift to the patentee when there is no in haec verba support for the claims?”

Denial

Since our last update, the Federal Circuit has denied a petition for en banc rehearing in Bright Data Ltd. v. Code200, UAB. In its petition, Bright Data asked the court to consider the following questions:

  1. Do “the prosecution history statements in prior [inter partes reviews] disclaim the [Patent Trial and Appeal Board’s] broader . . . constructions?”
  2. Does “the prosecution history of the related [patent] support Bright Data’s narrower . . . constructions?”