Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition was filed in a patent case raising questions related to standing. The court also denied a petition for rehearing in a case raising questions about venue and appellate procedure. Here are the details.
En Banc Petitions
New
Since our last update, one new petition for en banc rehearing was filed.
In TexasLDPC Inc. v. Broadcom Inc., Broadcom asked the en banc court to review the following questions:
- “Is retention of constitutional standing to assert a patent a ‘substantial right’ under the analysis used by this Court to determine whether a patent owner has effectively assigned a patent?”
- “When can an exclusive patent licensee sue for infringement without joining a patent owner that also has the right to sue for infringement?”
Denials
Since our last update, the Federal Circuit denied AML IP’s petition for en banc rehearing in AML IP, LLC v. Bath & Body Works Direct, Inc.. In its petition, AML IP raised questions related to venue and appellate procedure.