FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. The court scheduled oral argument in one of the court’s two en banc cases. As for pending petitions for en banc rehearing, an amicus brief was filed in support of a petition raising a question related to after-arising technologies and the written description and enablement requirements, and the court denied a pro se litigant’s petition. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. As for granted petitions, a reply brief was filed in a pending en banc case concerning a district court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses. As for pending petitions, a pro se litigant filed a petition, a response was filed to a petition presenting a question related to waiver of alternative grounds for affirmance, and the court denied a petition presenting a question regarding vicarious liability for direct infringement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Two new petitions have been filed. One raises questions related the substantial evidence standard for review of decisions of the Patent Trial and Appeal Board and the test for analogous art. The other raises a question related to after-arising technologies and the written description and enablement requirements. In addition, a response has been filed to a petition raising a question related to what patents must be listed in the Orange Book, along with three new amicus briefs supporting the petition in that same case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Two new amicus briefs were filed in a pending en banc case concerning standing to allege a violation of a statute or regulation in connection with the procurement of a government contract. Additionally, one new petition was filed, presenting a question regarding apportionment of damages for patent infringement. Finally, the court denied an en banc petition raising a question regarding claim construction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Petitioners filed three new petitions, one presenting a question regarding waiver of alternative grounds for affirmance, one presenting a question regarding the burden of proving non-enablement in an inter partes review proceeding, and one presenting a question regarding injunctive relief pending a mandate. Additionally, the Federal Circuit issued an invitation for a response to a petition raising a question regarding the listing of patents in the Orange Book. Finally, a response was filed to the petition raising a question regarding injunctive relief pending a mandate. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. An opening brief was filed in a pending en banc case concerning standing to allege a violation of a statute or regulation in connection with the procurement of a government contract. Three new amicus briefs have also been filed in the other pending en banc case regarding a district court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses. Additionally, a new petition was filed in a Hatch-Waxman case raising a question regarding listing of patents in the Orange Book. Finally, the court denied an en banc petition raising a question concerning the lifting of an administrative injunction. Here are the highlights.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. A response brief was filed in a pending en banc case concerning a district court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses. Petitioners also filed two new petitions, one seeking an emergency injunction and one presenting a question regarding vicarious liability for direct infringement. Here are the highlights.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court received a petition raising a question regarding claim construction, and the court denied a petition raising questions regarding reliance on expert testimony in applying the doctrine of equivalents. 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 two petitions raising the same question related to 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, in the only pending en banc patent case, which presents a question concerning a district court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses, the opening en banc brief was filed, the Federal Circuit issued an order indicating parts of the opening brief went beyond the scope of en banc rehearing, and five new amicus briefs were filed. Additionally, a new petition was filed raising questions related to reliance on expert testimony in applying the doctrine of equivalents. Finally, the court denied two petitions raising questions regarding the written description requirement, obvious-type double patenting, and attorney fees. Here are the details.