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En Banc Cases

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Subject
133 Cases
Date
Case
Subject
Question(s) Presented
Date
February 15, 2023
Case Name
Adams v. United States
Subject
Employment
Question(s) Presented
1. “How should the term ‘unusual[]’ be understood in the context of establishing ‘pay differentials’ and ‘proper differentials’ under 5 U.S.C. §§ 5343(c)(4), 5545(d)?” 2. “In view of Adair v. United...
Date
December 15, 2022
Case Name
Rudisill v. McDonough
Subject
Veterans
Question(s) Presented
“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...
Date
December 17, 2021
Case Name
Lynch v. McDonough
Subject
Veterans
Question(s) Presented
“Are VA disability claims necessarily defeated, as held in Ortiz v. Principi, 274 F.3d 1361 (Fed. Cir. 2001), when the preponderance of the evidence weighs against them; or, does Ortiz...
Date
TBD
Case Name
Taylor v. McDonough
Subject
Veterans
Question(s) Presented
1. (i) “In view of precedents such as OPM v. Richmond, 496 U.S. 414 (1990), and McCay v. Brown, 106 F.3d 1577 (Fed. Cir. 1997), did the panel in Taylor...
Date
June 17, 2021
Case Name
Arellano v. McDonough
Subject
Veterans
Question(s) Presented
“Does the rebuttable presumption of the availability of equitable tolling articulated in Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990), apply to 38 U.S.C. § 5110(b)(1), and if...
Date
December 8, 2020
Case Name
National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs
Subject
Veterans
Question(s) Presented
1. “Whether this Court has jurisdiction under 38 U.S.C. § 502 to review a generally applicable interpretive rule that the Department of Veterans Affairs (VA) promulgates through its Adjudication Procedures...
Date
January 7, 2020
Case Name
Sunpreme Inc. v. United States
Subject
Trade
Question(s) Presented
“[W]hether it is within [the United States Customs and Border Protection]’s authority to preliminarily suspend liquidation of goods based on an ambiguous antidumping or countervailing duty order, such that the...
Date
October 15, 2019
Case Name
Francway v. Wilkie
Subject
Veterans
Question(s) Presented
“Since 2009, we have held that the Board and Veterans Court properly apply a presumption of competency in reviewing the opinions of VA medical examiners. See Rizzo v. Shinseki, 580...
Date
January 29, 2019
Case Name
Procopio v. Wilkie
Subject
Veterans
Question(s) Presented
“Does the phrase ‘served in the Republic of Vietnam’ in 38 U.S.C. § 1116 unambiguously include service in offshore waters within the legally recognized territorial limits of the Republic of...
Date
August 16, 2018
Case Name
Click-to-Call Technologies, LP v. Ingenio, Inc.
Subject
Patent
Question(s) Presented
“[W]hether 35 U.S.C. § 315(b)’s time bar applies to bar institution when an IPR petitioner was served with a complaint for patent infringement more than one year before filing its...
Date
July 27, 2018
Case Name
Nantkwest, Inc. v. Iancu
Subject
Patent
Question(s) Presented
“When the United States Patent and Trademark Office’s Patent Trial and Appeal Board (‘Board’) affirms an examiner’s rejection of a patent application, § 145 of the Patent Act permits the...
Date
January 8, 2018
Case Name
Wi-Fi One, LLC v. Broadcom Corp.
Subject
Patent
Question(s) Presented
“Congress has prohibited the Director of the United States Patent and Trademark Office from instituting inter partes review if the petition requesting that review is filed more than one year...
Date
October 26, 2017
Case Name
Parkinson v. Dep't of Justice
Subject
Employment
Question(s) Presented
“Lt. Col. John C. Parkinson appeals from a final decision of the Merit Systems Protection Board sustaining his removal from the Federal Bureau of Investigation. A panel of this court...
Date
October 4, 2017
Case Name
Aqua Products, Inc. v. Matal
Subject
Patent
Question(s) Presented
“In this appeal, we consider the proper allocation of the burden of proof when amended claims are proffered during inter partes review proceedings (‘IPRs’) under the Leahy-Smith America Invents Act (‘AIA’).”
Date
October 7, 2016
Case Name
Apple Inc. v. Samsung Electronics Co.
Subject
Patent
Question(s) Presented
“Apple filed a petition for rehearing en banc. Apple’s petition argued that the panel reversed the jury’s finding of infringement of the ’647 patent by relying on extra-record evidence ‘none...
Date
July 11, 2016
Case Name
Medicines Company v. Hospira, Inc.
Subject
Patent
Question(s) Presented
“Today, we consider the circumstances under which a product produced pursuant to the claims of a product-by-process patent is ‘on sale’ under 35 U.S.C. § 102(b). This is important because,...
Date
February 12, 2016
Case Name
Lexmark Int'l, Inc. v. Impression Products, Inc.
Subject
Patent
Question(s) Presented
“We decided to hear this case en banc to consider whether two decisions of this court concerning the uncodified doctrine of patent exhaustion—one decision from 1992, the other from 2001—remain...
Date
December 22, 2015
Case Name
In re Tam
Subject
Trademark
Question(s) Presented
“Does the bar on registration of disparaging marks in 15 U.S.C. § 1052(a) violate the First Amendment?”
Date
September 18, 2015
Case Name
SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC
Subject
Patent
Question(s) Presented
“We convene en banc to resolve whether, in light of the Supreme Court’s recent decision in Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), laches remains a defense to...
Date
August 13, 2015
Case Name
Akamai Technologies, Inc. v. Limelight Networks, Inc.
Subject
Patent
Question(s) Presented
“This case was returned to us by the United States Supreme Court, noting ‘the possibility that [we] erred by too narrowly circumscribing the scope of § 271(a)’ and suggesting that...