Here is an update on recent en banc activity in patent cases at the Federal Circuit. The court received a new petition raising questions related to intervening rights, willfulness, and unclean hands, and the court invited a response to a petition raising questions related to claim construction and the doctrine of equivalents. Here are the details.
New Petition
In John Bean Technologies Corp. v. Morris & Associates, Inc., John Bean Technologies asked the en banc court to review the following two questions:
- “Whether an equitable affirmative defense like equitable intervening rights negates infringement and thus excuses a district court from considering willfulness in determining whether the defendant has unclean hands.”
- “Whether a district court may ignore a plaintiff’s arguments on the defendant’s unclean hands when granting summary judgment on an equitable affirmative defense.”
New Invitation for Response
The Federal Circuit invited a response to a petition in the following case:
- Olaf Sööt Design, LLC v. Daktronics, Inc. (claim construction and doctrine of equivalents)