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En Banc Cases

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Subject
136 Cases
Date
Case
Subject
Question(s) Presented
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 Commission
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.
Date
October 5, 2012
Case Name
Beer v. United States
Subject
Compensation Clause
Question(s) Presented
1. “[D]oes the Compensation Clause of Article III of the Constitution prohibit Congress from withholding the cost of living adjustments for Article III judges provided for in the Ethics Reform...
Date
August 31, 2012
Case Name
Akamai Technologies, Inc. v. Limelight Networks, Inc.
Subject
Patent
Question(s) Presented
“When a single actor commits all the elements of infringement, that actor is liable for direct infringement under 35 U.S.C. § 271(a). When a single actor induces another actor to...
Date
April 11, 2012
Case Name
Cloer v. Secretary of Health & Human Services
Subject
Vaccine
Question(s) Presented
“Dr. Cloer appealed, and although she did not ultimately prevail on the merits of her Vaccine Act claim, her appeal prompted a change of law in a limited way that...
Date
March 15, 2012
Case Name
Marine Polymer Technologies, Inc. v. HemCon, Inc.
Subject
Patent
Question(s) Presented
Whether “intervening rights . . . apply with respect to claims that have not been amended or newly introduced in [a] reexamination proceeding.”
Date
March 14, 2012
Case Name
Zoltek Corp. v. United States
Subject
Procedure
Question(s) Presented
Whether Zoltek Corp. v. United States (“Zoltek III”), 442 F.3d 1345 (Fed. Cir. 2006), “which found liability under 35 U.S.C. § 271(a) to be a predicate to government liability under...
Date
August 24, 2011
Case Name
Bush v. United States
Subject
Tax
Question(s) Presented
1. “Under I.R.C. § 6213, were taxpayers in this case entitled to a pre-assessment deficiency notice? Were the assessments the results of a ‘computational adjustment’ under § 6230 as the term ‘computational...
Date
August 5, 2011
Case Name
Cloer v. Secretary of Health & Human Services
Subject
Vaccine Act
Question(s) Presented
1. “Should the discovery rule, used for example in medical malpractice cases, see United States v. Kubrick, 444 U.S. 111, 120, 100 S.Ct. 352, 62 L.Ed.2d 259 (1979) and TRW, Inc. v. Andrews, 534 U.S. 19, 27-28, 122 S.Ct. 441, 151 L.Ed.2d...
Date
May 25, 2011
Case Name
Therasense, Inc. v. Becton, Dickinson & Co.
Subject
Patent
Question(s) Presented
“Recognizing the problems created by the expansion and overuse of the inequitable conduct doctrine, this court granted Abbott’s petition for rehearing en banc and vacated the judgment of the panel.”
Date
May 10, 2011
Case Name
TiVo Inc. v. EchoStar Corp.
Subject
Patent
Question(s) Presented
May “parties jointly move to dismiss this appeal due to settlement[?]”
Date
April 20, 2011
Case Name
TiVo Inc. v. EchoStar Corp.
Subject
Patent
Question(s) Presented
Whether “the circumstances under which a finding of contempt by a district court would be proper as to infringement by newly accused products and also address the proper time to...