FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions (on whether Arthrex should be applied to cases pending on appeal at the time it was decided, and whether the PTAB must consider arguments not made or adopted by examiners), an amicus brief, and three denials of petitions. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions, a response to a petition, and an amicus brief in support of a petition.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions, two responses, two requests for responses, and five denials of petitions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include one new petition, a response to a petition, a request from the Federal Circuit for a response, and a denial of a petition.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions, four new responses, seven amicus briefs, letter briefs regarding supplemental authority, and denials of five petitions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions, three new responses to petitions, one request from the Federal Circuit for a response, and one denial of a petition. As a reminder, pending and recently-decided petitions and related documents may be found on our En Banc Petitions page.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include three new petitions, two responses to petitions, and two requests from the Federal Circuit for responses to petitions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions, three requests from the Federal Circuit for responses to petitions, and one denial of a petition.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include four new petitions, a response to a petition, three requests from the Federal Circuit for responses, and an amicus brief filed in support of a petition.

Today the Federal Circuit sua sponte granted en banc rehearing in a veterans case, Francway v. Wilkie. Beyond granting rehearing, the en banc court also withdrew a previously issued precedential opinion in this case and issued a new precedential opinion replacing it.

In the new opinion, the en banc court responded to the argument that the “presumption of competency” used in reviewing the opinions of Department of Veterans Affairs (“VA”) medical examiners conflicts with the VA’s statutory duty to assist veterans and the statutory benefit-of-the-doubt rule used in veterans cases when the evidence is in approximate equipoise.

The en banc court overruled its caselaw to the extent that caselaw is inconsistent with merely requiring veterans to raise the issue of the competency of medical examiners, and it noted that “the requirement that the veteran raise the issue of the competency of the medical examiner is best referred to simply as a ‘requirement’ and not a ‘presumption of competency.’”