FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, one new petition for en banc rehearing has been filed, raising a question related to claims of unfair competition under the Lanham Act. The Federal Circuit also denied two petitions for en banc rehearing in patent cases that raised questions related to marking, attorneys fees, eligibility, and appellate procedure. Here are the details.

Last month, the Federal Circuit released its opinion in Lesko v. United States, an en banc case addressing federal employment law. In it, the Federal Circuit reviewed a federal employee’s argument that a writing requirement for overtime approval was not a valid exercise of the Office of Personnel Management’s rulemaking authority. In an opinion authored by Chief Judge Moore, the en banc court concluded that the writing requirement was a valid exercise of OPM’s rulemaking authority. Judge Stoll and three other judges dissented. This is our opinion summary.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing has been filed, raising a question related to the court’s ability to decide the adequacy of written description without deferring to a jury’s verdict; one new amicus brief was filed in support of a petition that raised a question related to venue; and, finally, the court denied two petitions for en banc rehearing one in a pro se case and the other that raised questions related to what qualifies as prior art and the Administrative Procedure Act. Here are the details.  

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, three new petitions for en banc rehearing have been filed. These petitions raise questions related to claim construction and the Administrative Procedure Act. Additionally, the Federal Circuit denied a petition for en banc rehearing that raised a question related to sanctions. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing has been filed, raising a question related to venue for patent infringement claims; the Federal Circuit also invited a response to this petition; and another response was filed in another patent case raising questions related to prior art and the Administrative Procedure Act. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing have been filed in patent cases, raising questions related to marking, exceptional case status, and eligibility. The Federal Circuit also issued an invitation for a response to a petition in a patent case raising questions related to prior art and the Administrative Procedure Act. Here are the details.  

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit issued an en banc opinion in a case addressing federal employment law. There also have been four new petitions for en banc rehearing asking questions related to contract interpretation, standing, prior art, and sanctions and fee awards. The Federal Circuit also denied three petitions for en banc rehearing in patent cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed, raising questions related to claim construction, patent eligibility, and appellate procedure. The court also denied four petitions for en banc rehearing. Those petitions raised questions related to the presumption of validity and the written description requirement, Rule 36, attorneys’ fees, and obviousness, and claim construction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed, raising a question regarding claim construction; one new response was filed in another case raising a different question regarding claim construction; and the Federal Circuit denied two petitions for en banc rehearing, both raising questions related to transfer. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit has invited a response to a petition raising a question related to claim construction and preambles; one new response has been filed to a petition that raises a question related to the presumption of validity and the written description requirement; and three petitions for en banc rehearing have been denied in cases raising questions related to ineligibility, claim construction, and prosecution history estoppel. Here are the details.