FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a response to a petition raising questions related to prosecution laches, invited a response to a petition raising questions related to patent eligibility, and received three amicus briefs supporting rehearing in two cases raising the same questions related to non-obviousness of designs under design patent law. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the court received the appellee’s supplemental brief. As for patent cases, the court received a new petition raising a question related to the ability to revise infringement contentions during litigation and denied two petitions raising questions related respectively to vacatur of a preliminary injunction and claim construction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three petitions, one raising questions related to subject matter eligibility and two raising questions related to the applicable test for non-obviousness of designs under design patent law. The court invited a response to the petitions raising questions related to the applicable test for non-obviousness of designs under design patent law. Finally, the court denied a petition raising a question related to claim construction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the court received the appellant’s supplemental brief. As for patent cases, the court received a new petition raising questions related to patent eligibility. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. The court lifted a stay of proceedings in a veteran’s benefits case and requested supplemental briefing. As for patent cases, the court received a new petition raising questions related to the vacatur of a preliminary injunction. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a petition raising questions related to claim construction and another petition raising questions related to prosecution laches, and the court also invited a response to the same petition raising questions related to prosecution laches. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. The en banc court issued a long-awaited opinion last week in an employment case addressing the question of whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes. As for petitions in patent cases, the court received a new petition raising a question related to claim construction and denied a petition in a case raising a question related to the terms of a protective order. Here are the details.

Last week, the Federal Circuit decided Adams v. United States, an employment case we have been following since the court scheduled an en banc hearing. The case presents the question of the relationship between COVID-19 and Hazardous Duty Pay (HDP) and Environmental Differential Pay (EDP) regulations, and in particular whether prison guards who come into contact with COVID-19 through either human to human contact or human contaminated mediums are entitled to EDP or HDP. Last week, the court issued a majority opinion affirming the Court of Federal Claims, which held that OPM’s regulations do not provide for HDP and EDP for working with or in proximity to individuals infected with COVID-19. According to the Federal Circuit, these veterans are entitled to a maximum of 36 months of benefits. Two judges dissented, however, arguing for reversal. Here is our summary of these opinions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court denied three petitions raising questions related to attorney-client privilege, anticipation, and the standard for establishing venue. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two responses to petitions raising questions related to anticipation and the standard for establishing venue. Here are the details.