Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to the attorney-client privilege. The court also denied a petition in a case raising questions related to the standard for claim construction. Here are the details.
En Banc Petitions
New Petition
In In re Nimitz Technologies LLC, Nimitz Technologies asked the en banc court to review the following question:
- “[W]hether the district court may require that a litigant provide attorney-client privileged documents to the judge that is investigating the party, where the crime fraud exception to the attorney-client privilege has not been, and could not be, invoked”
New Denial
The Federal Circuit denied the petition for rehearing en banc in Finjan LLC v. ESET, LLC, which asked the court to review questions concerning the standard for claim construction.