FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Recently the Federal Circuit granted en banc review in one veterans case, and last week the en banc court heard oral argument in another veterans case. As for petitions for en banc review in patent cases, the court invited a response to a petition raising a question related to claim construction. The court also received three new responses to petitions raising questions related to the Appointments Clause, claim construction, and the written description requirement. Finally, the court denied a petition raising questions related to the inducement doctrine’s interaction with the Hatch-Waxman Amendments. Here are the details.

Last Thursday the Federal Circuit granted en banc review and vacated a prior panel decision in Rudisill v. McDonough, a veterans case. According to last week’s order, the en banc court will consider the question of a veteran’s statutory entitlement to education benefits under the Montgomery GI Bill and the Post-9/11 GI Bill, and in particular what the correct entitlement period is when considering both bills and multiple qualifying periods of service. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Last week the court granted en banc reharing in a veteran’s case, and tomorrow the en banc court will hear oral argument in another veteran’s case. As for patent cases, the court received two new responses to petitions raising questions related to the Appointments Clause and the written description requirement, and the court invited a response to a petition raising questions related to conflicts of interest and due process. Finally, in another patent case the court received a new amicus brief supporting a petition raising a question related to claim construction. Here are the details.

This week is Court Week at the Federal Circuit, with hearings starting today. Due to the recent spike in COVID cases, all February oral arguments will be held remotely. As it has for some time now, however, the Federal Circuit is providing access to live audio of each panel scheduled for argument via the Federal Circuit’s YouTube channel. In total, including a case set to be argued next week, the court will convene nine panels to consider about 41 cases. Of these 41 cases, the court will hear oral arguments in 31. Of these argued cases, two attracted amicus briefs: one veterans case being heard en banc and one patent case. Here’s what you need to know about these two cases.

Next week, in an en banc session, the Federal Circuit will hear arguments in Taylor v. McDonough, a veterans case. The court will consider whether equitable estoppel may be used against the government with respect to establishing the effective date of an award pursuant to 38 U.S.C. § 5110. In particular, the court will consider several related questions: (1) whether “granting Mr. Taylor’s claim of entitlement to an earlier effective date under the doctrine of equitable estoppel be contrary to statutory appropriations and thus barred by the Appropriations Clause;” (2) if equitable estoppel does not apply, whether Taylor has a claim for “denial of a constitutional right of access to [Veterans Affairs] processes for securing disability benefits for which he met the eligibility criteria;” and (3) if a right of access exists, whether the right of access was violated here and what the remedy is. This is our argument preview.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to the written description requirement and the standard of review for the grant or denial of a preliminary injunction. The court also invited a response to a petition raising a question related to the written description requirement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to claim construction, conflict of interest, due process, inducement of infringement, and an evidentiary rule. The court invited a response to a petition raising questions related to the written description requirement. In the same case, the court received three new amicus briefs supporting rehearing. 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 court denied a petition that raised a question related to the written description requirement. That’s it. 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 court denied a petition that raised a question related to the standard for enhanced damages. That’s it. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the written description requirement. The court also received a new response to a different petition also raising a question related to the written description requirement. In addition, the court denied a petition for hearing en banc raising a question related to the Federal Circuit’s jurisdiction to hear appeals from denials of petitions for inter partes review. Here are the details.