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 case raising a question regarding eligibility. The court also denied two petitions for en banc rehearing in a case raising questions about the doctrine of equivalents and a pro se case raising questions about claim construction. Here are the details.
En Banc Petitions
New Petition
Since our last update, one new petition for en banc rehearing was filed.
In Berkeley*IEOR v. W.W. Grainger Inc., Berkeley*IEOR asked the en banc court to review the following question:
- “Whether a claimed unconventional arrangement and its distinct technical benefits may be disregarded in the eligibility analysis because an additional capability enabled by that arrangement is not required by the claims.”
Denials
Since our last update, the Federal Circuit denied two petitions for rehearing en banc.
- Clearplay, Inc. v. DISH Network L.L.C. (doctrine of equivalents)
- Hafeman v. Google LLC (claim construction)