En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court denied a petition raising issues related to patent eligibility. 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. Highlights include new responses to three petitions raising questions relating to the authority of the International Trade Commission, the statutory experimental use exception to infringement liability, and the use of comparable licenses to calculate damages awards. The court also received two new amicus briefs supporting a petition relating to attorney fees and invited a response to the same petition. Finally, the court denied three petitions raising issues related to design patent law’s nonobviousness requirement, the statutory experimental use exception to infringement liability, and personal jurisdiction. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions filed in cases raising questions about means-plus-function claims, patent eligibility, and attorneys’ fees. The court also denied a petition for en banc rehearing in a patent case raising questions about damages, Federal Rule of Civil Procedure 60(b), and procedure. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. A new petition was filed in a patent case raising questions concerning patent eligibility. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include two new petitions raising questions concerning a court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses and claim construction matters. The court also denied two petitions raising questions related to claim construction and summary judgment. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. All we have to report is one new petition raising a question about minimum contacts for establishing personal jurisdiction. 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 in patent cases at the Federal Circuit. All we have to report is one new petition raising a question about the authority of the International Trade Commission to institute an investigation. 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 in patent cases at the Federal Circuit. Highlights include two new petitions raising questions about claim construction, summary judgment, and eligibility and two denials of petitions raising questions related to unclean hands and ANDA litigation. Here are the details.

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En Banc Activity / Opinions

Opinion Summary – LKQ Corporation v. GM Global Technology Operations LLC

Late last month the Federal Circuit issued its opinion in LKQ Corporation v. GM Global Technology Operations LLC, a design patent case that attracted eighteen amicus briefs. In this case, the en banc court reviewed the continuing vitality of the so-called Rosen-Durling test to asses nonobviousness of design patents. In an opinion authored by Judge Stoll, the en banc court overruled the cases using that test and adopted in its place a new approach for assessing nonobviousness of design patents. Notably, Judge Lourie filed a concurring opinion. This is our opinion summary.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include denials of petitions in two related cases. Both raised questions related to claim construction. Here are the details.

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