FedCircuitBlog

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 question of a veteran’s statutory entitlement to education benefits under the Montgomery GI Bill and the Post-9/11 GI Bill. As for petitions in patent cases, the court invited a response to a petition raising a question related to the written description requirement and received two amicus briefs supporting rehearing in the same case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a two new petitions. One raises a question related to the standard for establishing venue, and the other raises three questions related to claim construction at the Patent Trial and Appeal Board. The court also invited a response to a petition raising a question related to anticipation. Finally, the court also denied a petition in a case raising a question related to patent eligibility. Here are the details.

Next week, in an en banc session, the Federal Circuit will hear oral arguments in Adams v. United States, a federal benefits case. The arguments will address whether on-the-job exposure to the recent novel coronavirus entitles federal correctional officers to additional pay pursuant to various federal statutes. This is our argument preview.

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 standard for claim construction. The court also denied a petition in a case raising a question related to burden of persuasion in inter partes review proceedings. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the appellant filed his en banc reply brief. As for petitions in patent cases, the court received a new petition raising a question related to anticipation and two responses to a petition raising questions related to patent eligibility. The court also denied three petitions raising questions related the standard for an award of attorneys’ fees, inter partes review estoppel, and assignor estoppel. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received responses to petitions raising questions related to assignor estoppel and inter partes review estoppel. The court also denied a petition filed by a pro se party. 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 the burden of persuasion in inter partes review proceedings. That’s it. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the government filed its en banc response brief, and the Federal Circuit scheduled the case for oral argument in December. The court also invited responses to two petitions raising questions related to assignor estoppel and inter partes review estoppel. Finally, the court granted panel rehearing and denied rehearing en banc in response to a petition raising questions related to the process and standard for determining indefiniteness. 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 the standard for an award of attorneys’ fees. The court also invited a response to a petition raising questions related to patent eligibility. Here are the details.

Last week, the Federal Circuit heard oral argument in Rudisill v. McDonough, an en banc veterans benefits case. In it, VA appeals the Court of Appeals for Veterans Claims determination that Rudisill qualified for Post-9/11 benefits under both the Montgomery and Post-9/11 GI Bills. The en banc court agreed to consider two related questions: (1) “for a veteran who qualifies for the Montgomery GI Bill and the Post-9/11 GI Bill under a separate period of qualifying service, what is the veteran’s statutory entitlement to education benefits;” and (2) “what is the relation between the 48-month entitlement in 38 U.S.C. § 3695(a), and the 36-month entitlement in § 3327(d)(2), as applied to veterans such as Mr. Rudisill with two or more periods of qualifying military service?” This is our argument recap.