En Banc Activity / Featured / Petitions
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Here is an update on recent en banc activity at the Federal Circuit. Since our last update, one new petition for rehearing en banc was filed in a patent case raising questions related to venue and appellate procedure. That’s it. Here are the details.

En Banc Petitions

New Petition

Since our last update, one new petition for en banc rehearing was filed.

In AML IP, LLC v. Bath & Body Works Direct, Inc., AML IP asked the en banc court to review the following questions:

  1. “Whether a district court that has determined venue to be improper under 28 U.S.C. § 1400(b) may, in the same order, adjudicate the merits and dismiss with prejudice under Rule 12(b)(6), when 28 U.S.C. § 1406(a) directs that such a court ‘shall dismiss, or if it be in the interest of justice, transfer’ the case and Rule 41(b) provides that a dismissal for improper venue does not operate as an adjudication on the merits.”
  2. “Whether a with-prejudice merits ruling entered after the same court has held that the action must be dismissed for improper venue is an unnecessary adjudication that this Court should eliminate from the judgment under Electrical Fittings Corp. v. Thomas & Betts Co., 307 U.S. 241 (1939), rather than leave for resolution in a future action.”