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, two new petitions for en banc rehearing were filed in patent cases raising questions related to eligibility, the presumption of validity, and de minimis infringement. Here are the details.

New Petitions

Since our last update, two petitions for en banc rehearing have been filed in patent cases.

In Innovaport LLC v. Target Corp., Innovaport asked the court to consider the following questions:

  1. “Whether a court may disregard preemption considerations when evaluating patent eligibility under 35 U.S.C. § 101?”
  2. “Whether a court may make factual findings on a motion for summary judgment regarding the conventionality of recited claim limitations under Step 2 of Alice without supporting evidence in the record?”
  3. “Whether a claim is entitled to a stronger presumption of validity regarding 35 U.S.C. § 101 where patent eligibility is raised and addressed during prosecution?”

In Arlton v. AeroVironment, Inc., Arlton asked the court to consider the following questions:

  • “Is the meaning of de minimis infringement as applied in the context of 28 U.S.C. § 1498 different from the long-established meaning of de minimis infringement under 35 U.S.C. § 271?”