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En Banc Cases

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Date Range
Subject
36 Cases
Date
Case
Subject
Question(s) Presented
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...
Date
August 10, 2015
Case Name
Suprema, Inc. v. International Trade Comm'n
Subject
Trade
Question(s) Presented
“Section 337 of the Tariff Act of 1930, codified at 19 U.S.C. § 1337 (‘Section 337’), declares certain acts unlawful. Among them is importing ‘articles that . . . infringe...
Date
June 16, 2015
Case Name
Williamson v. Citrix Online, LLC
Subject
Patent
Question(s) Presented
“Our opinions in Lighting World, Inventio, Flo Healthcare and Apple have . . . established a heightened bar to overcoming the presumption that a limitation expressed in functional language without...
Date
September 16, 2014
Case Name
United States v. Trek Leather, Inc.
Subject
Trade
Question(s) Presented
“The only questions presented for decision are whether Mr. Shadadpuri is a ‘person’ covered by [19 U.S.C. §] 1592(a)(1)(A) and whether his actions come within the ‘enter, introduce, or attempt...
Date
February 21, 2014
Case Name
Lighting Ballast Control LLC v. Philips Electronics North America Corp.
Subject
Patent
Question(s) Presented
“This court undertook rehearing en banc for the purpose of reconsidering the standard of appellate review of claim construction.”
Date
August 20, 2013
Case Name
Kaplan v. Conyers
Subject
Employment
Question(s) Presented
Does the Supreme Court’s decision in Dept. of the Navy v. Egan, 484 U.S. 518 (1988), limit Merit System Protection Board review only to actions involving security clearance determinations, i.e., “determinations concerning...
Date
June 14, 2013
Case Name
Robert Bosch, LLC v. Pylon Mfg. Corp.
Subject
Patent
Question(s) Presented
“We sua sponte took this case en banc to answer two questions. First, does 28 U.S.C. § 1292(c)(2) confer jurisdiction on this court to entertain appeals from patent infringement liability...
Date
May 10, 2013
Case Name
CLS Bank Int'l v. Alice Corp. Pty. Ltd.
Subject
Patent
Question(s) Presented
Whether the method and computer-readable media claims at issue are directed to eligible subject matter under 35 U.S.C. § 101.