Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, three new petitions for en banc rehearing have been filed. These petitions raise questions related to claim construction and the Administrative Procedure Act. Additionally, the Federal Circuit denied a petition for en banc rehearing that raised a question related to sanctions. Here are the details.
En Banc Petitions
New Petitions
Since our last update, three new petitions for en banc rehearing have been filed in patent cases.
In Clantech, Inc. v. CoStar Realty Information, Clantech asked the Federal Circuit to consider the following questions:
- Whether “a claim element (or term) in a single patent claim has the same meaning throughout the claim.”
- Whether “the Board [complied] with the Administrative Procedure Act in inter partes reviews, by timely informing the patent owner of the matters of fact and law asserted.”
In Wonderland Switzerland AG v. Evenflo Company, Inc, Wonderland Switzerland asked the Federal Circuit to consider the following question:
- “When performing plain meaning analysis for unconstrued claim terms, should courts consider what the patent teaches about the plain meaning in, for example, embodiments and dependent claims?”
In Sandstrom v. International Trade Commission, a pro se party filed a petition.
Denials
Since our last update, the Federal Circuit denied the petition for en banc rehearing in the following case:
- EscapeX IP, LLC v. Google LLC (sanctions)