FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. In short, it was another light week at the court, with the court denying two petitions in related pro se cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising a question related to indefiniteness. Additionally, the court received a response to a petition concerning the treatment of expert opinions. Lastly, the court denied three petitions raising questions related to the termination of inter partes review proceedings, jurisdiction, and enablement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. The court received a new petition in a patent case, which raised an issue related to the Patent and Trademark Office’s ability to deny inter partes review based on pending litigation concerning related patents. 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 a veterans case addressing the applicability of equitable tolling to a particular statutory provision. The court received a response to a petition in a patent case, which raised a question related to competitor standing. Finally, the court denied rehearing in a case raising questions related to patent law’s enablement requirement. Here are the details.

Yesterday, the Federal Circuit decided Arellano v. McDonough, a case we have been following since the court scheduled an en banc hearing. Split on reasoning but united in outcome, the court issued a short, unanimous, per curiam opinion affirming the Court of Appeals for Veterans Claims. In addition to the per curiam opinion, however, the court issued two concurrences, each representing the opposing views of six judges. Here is our summary of the court’s opinions.

Here is an update on recent en banc activity at the Federal Circuit. In patent cases, the court received four new petitions this week, addressing issues of claim construction, the replacement of a primary prior art reference after institution by the Patent Trial and Appeal Board, the evaluation of patent eligibility, and contractual patent ownership. The court also received a response to a petition that raised a question related to the power of the Patent Trial and Appeal Board to terminate an instituted proceeding on the eve of a merits-based final written decision. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two pro se petitions. Additionally, the court denied a petition concerning post-institution discovery rulings by the Patent Trial and Appeal Board related to real-parties-in-interest disputes. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. It was a busy week at the Federal Circuit. The court received two new petitions in cases addressing issues of enablement, eligibility, and personal jurisdiction. Additionally, the court invited responses in three cases addressing termination of inter partes review proceedings, evaluation of expert opinions on summary judgment, and competitor standing. The court also received a response to a petition raising a question related to enablement. Lastly, the court issued two new denials, one in a case concerning 35 U.S.C. § 112(f) and another in a pro se case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. While there were no recent petitions, responses to petitions, or denials of petitions, the court did receive several amicus briefs. One amicus brief came in Apple Inc. v. Qualcomm Inc., a case concerning the panel’s decision to deny competitor standing in an appeal from the Patent Trial and Appeal Board. Three came in Amgen Inc. v. Sanofi, Aventisub LLC, where the petition raised questions related to “the panel’s new enablement test for genus claims with functional limitations” and whether that test is consistent with Supreme Court precedent on point. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. We are still waiting for the court to issue an opinion in Arellano v. McDonough, an en banc veterans case. As for pending petitions in patent cases, highlights include new petitions concerning Patent Trial and Appeal Board termination of inter partes review proceedings, reviewability of Board discovery rulings related to real-party-in-interest disputes, the utilization of expert witnesses in district court summary judgment proceedings, and standing before the Board. Here are the details.