FedCircuitBlog

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 the weight given to expert witness testimony during claim construction, the evidentiary basis of an invalidity finding, and the proper standard of review of agency determinations pursuant to Securities Exchange Commission v. Chenery Corp., 332 U.S. 194 (1947). The court also received a response to a petition for rehearing en banc concerning deference to the Patent Trial and Appeal Board. The court also denied a petition for rehearing en banc in a case raising questions relating to patent eligibility. Here are the details.

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 tolling for post-trial motions, the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding, and a denial of a petition for a writ of mandamus seeking to order transfer. The court also invited a response to a petition concerning deference to the Patent Trial and Appeal Board. Lastly, the court denied petitions in two cases relating to transfer and the standard for review for petitions for writs of mandamus and a third case relating to patent eligibility. 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 questions related to cases requiring fair notice of asserted grounds of invalidity in an inter partes review and minimum standards of agency decision making under the Administrative Procedure Act. The court also denied a petition for rehearing en banc in a case raising a question concerning the Patent Trial and Appeal Board’s ability to deny a petition for inter partes review based on the existence of pending litigation concerning the same patents. 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 questions related to Appointments Clause challenges with respect to Administrative Patent Judges of the Patent Trial and Appeal Board. 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 issues related to patent eligibility. The court also received three new responses to petitions filed in two cases addressing (1) the Patent and Trademark Office’s ability to deny inter partes review based on pending litigation concerning related patents and (2) patent eligibility. Additionally, the court received an amicus brief in the case addressing the denial of inter partes review based on pending litigation. Lastly, the court denied two petitions for rehearing en banc in cases concerning claim construction and the replacement of a primary prior art reference after institution by the Patent Trial and Appeal Board. 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 concerning issues related to transfer and petitions for writs of mandamus, inter partes review and deference to the Patent Trial and Appeal Board, and anticipation. The court also invited a response to a petition concerning the scope of appellate review. Lastly, the court denied a petition in a case concerning induced infringement and the Hatch-Waxman Amendments. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court invited a response to a petition concerning patent eligibility. Additionally, the court denied a petition concerning means-plus-function claim limitations. Lastly, the court granted a motion to withdraw a petition concerning the extent of estoppel in claim construction. Here are the details.

Last Friday the Federal Circuit sua sponte vacated its June 30, 2021 panel decision in Taylor v. McDonough, a veterans case asking whether a veteran was entitled to an earlier effective date for his benefits due to restraints on his ability to disclose his participation in “chemical agent exposure studies at the Edgewood Arsenal in Edgewood, Maryland (Edgewood Program).” The Federal Circuit also granted en banc review of the case. According to Friday’s order, the en banc court will consider whether application of the doctrine of equitable estoppel to provide the veteran with the earlier effective date violates the Constitution’s Appropriations Clause and, conversely, whether denial of the earlier effective date violates the constitutional right-of-access doctrine. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court did not receive any new en banc filings last week. The court did, however, issue denials in parallel patent cases concerning competitor standing. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions this week raising issues concerning the scope of appellate review, patent eligibility, and the extent of estoppel with respect to claim constructions. Additionally, the court invited responses in two cases addressing the court’s jurisdiction and the case addressing the extent of estoppel in claim constructions. Lastly, the court denied petitions in three cases raising questions related to patent eligibility, inventorship, and the evaluation of expert opinions. Here are the details.