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.
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.’”
Here is an update on recent en banc activity at the Federal Circuit in patent cases, including recent petitions related to patent eligibility and the constitutionality of inter partes review, a response to a petition on the issue of standing to challenge Patent Trial and Appeal Board decisions confirming patentability, and an amicus brief in support of another petition.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include the court inviting a response to a petition in one case and, while denying rehearing en banc in another, granting panel rehearing in that case for a limited yet notable purpose.