En Banc Activity / Petitions

Recent En Banc Activity

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 process and standard for determining indefiniteness. The court also received an amicus brief in support of a petition raising questions related to the standard for granting a motion to seal court records. Finally, the court received a reply in support of a motion to expedite issuance of the mandate in a case raising questions related to choice of law, forum selection clauses, and injunctive relief. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received four new petitions raising questions related to the scope of usable prior art in inter partes review proceedings, motivation to combine prior art references, and the presumption of nexus in a non-obviousness analysis. The court received a response to a petition raising questions related to claim construction and a response to a motion to expedite issuance of the mandate in a case raising questions related to choice of law, forum selection clauses, and injunctive relief. The court also invited a response to the petition already mentioned that raised a question related to motivation to combine prior art references. Finally, the court denied three petitions raising questions related to claim construction and the written description requirement. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

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 choice of law, forum selection clauses, and injunctive relief; the on-sale bar; and the standard for granting a motion to seal court records. The court also invited a response to a petition raising a question related to claim construction. Finally, the court received a motion to expedite issuance of a mandate and ordered a response to the motion in the previously-mentioned case raising questions related to choice of law, forum selection clauses, and injunctive relief. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

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 assignments of patents and standing and a new response to a petition raising questions related to claim construction and the written description requirement. The court also requested a reply from a petitioner in support of its combined petition, which raised questions related to the Appointments Clause. Finally, the court denied two petition raising questions related to the standard of review for a grant or denial of a preliminary injunction and claim construction. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The court ordered a stay in the proceedings in a veteran’s case. As for patent cases, the court received a new petition raising questions related to claim construction and the written description requirement. The court also invited a response to the same petition. Finally, the court granted panel rehearing but denied rehearing en banc in response to a petition raising questions related to an alleged conflict of interest and summary affirmances. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

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 claim construction; a new response to a petition raising questions related to an alleged conflict of interest and summary affirmances; and a new amicus brief in support of a petition raising a question related to the written description requirement. Finally the court denied a petition for rehearing en banc raising questions related to inducement of infringement and an evidentiary rule. Here are the details.

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Argument Recap / En Banc Activity

Argument Recap – Taylor v. McDonough

Last week, the Federal Circuit held an en banc session to hear oral argument in Taylor v. McDonough. In this case, the court is considering whether equitable estoppel may be used against the government with respect to establishing the effective date of awards of veterans’ benefits. This is our argument recap.

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En Banc Activity / Petitions

Recent En Banc Activity

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.

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En Banc Activity / Featured

Federal Circuit Orders En Banc Review in Veterans Case

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.

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En Banc Activity / Petitions

Recent En Banc Activity

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.

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