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En Banc Petitions

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Status
Subject
274 Petitions
Appeal No.
Case
Subject
Status
Question(s) Presented
Appeal No.
22-128
Case
In re Apple Inc.
Subject
Patent
Status
Pending
Question(s) Presented
1. Whether “the Panel erred when it misapplied controlling Fifth Circuit law, opting rather to issue mandamus relief based upon mere ‘errors of judgment’ by the district court in applying the...
Appeal No.
21-2040
Case
VDPP LLC v. VIZIO, Inc.
Subject
Patent
Status
Pending
Question(s) Presented
1. “The en banc portion of Williamson held, in part, that ‘[w]hen a claim term lacks the word “means,” the presumption’ against means-plus-function treatment ‘can be overcome and § 112, para....
Appeal No.
21-1725
Case
Dyfan, LLC v. Target Corp.
Subject
PatentAmicus
Status
Pending
Question(s) Presented
“For claims that recite computer software for performing functions, what are the criteria for determining whether software-implemented functional claim language is subject to 112(6)?” a. “Can the Court ignore parts of...
Appeal No.
21-1070
Case
Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc.
Subject
Patent
Status
Pending
Question(s) Presented
“The ‘405 patent claims 0.5 mg of fingolimod administered daily ‘absent an immediately preceding loading dose,’ yet the concept of loading dose is nowhere in the specification or the priority...
Appeal No.
20-2257
Case
Nature Simulation Systems Inc. v. Autodesk, Inc.
Subject
Patent
Status
Pending
Question(s) Presented
“Whether courts should decide the ultimate legal question of indefiniteness without deferring to patent examiners, especially when the examiner offers no statement, reasoning, or analysis on indefiniteness.” “Whether indefiniteness is independent...
Appeal No.
20-1921, 20-1922, 20-1943, 20-1944
Case
Zaxcom, Inc. v. Lectrosonics, Inc.
Subject
Patent2 Amici
Status
Pending
Question(s) Presented
“Does the presumption of nexus apply to industry praise where the praised product is an embodiment of the claim and the claim is for the whole system (not a small...
Appeal No.
20-1558, 20-1559
Case
Qualcomm Inc. v. Apple Inc.
Subject
Patent
Status
Pending
Question(s) Presented
“Whether applicant admitted prior art found within the specification of a challenged patent may serve as the basis for an inter partes review proceeding under 35 U.S.C. § 311(b), which...
Appeal No.
20-1425, 22-1157, 22-1159
Case
Corephotonics, Ltd. v. Apple Inc.
Subject
Patent
Status
Pending
Question(s) Presented
Whether “[t]he Board’s decision in the [inter partes review] here . . . violates the Appointments Clause and requires withdrawing the Court’s opinion and remanding to the [Patent and Trademark...
Appeal No.
20-1350, 20-1405
Case
Zaxcom, Inc. v. Lectrosonics, Inc.
Subject
Patent
Status
Pending
Question(s) Presented
“Does the presumption of nexus apply to industry praise where the praised product is an embodiment of the claim and the claim is for the whole system (not a small...
Appeal No.
18-2170
Case
Bedgear, LLC v. Fredman Bros. Furniture Co.
Subject
Patent
Status
Moot
Question(s) Presented
Bedgear, LLC asserts that “[e]n banc review is necessary to secure and maintain uniformity in the Court’s decisions in all pending cases that raise the same important constitutional question whether...
Appeal No.
22-1624
Case
Jump Rope Systems, LLC v. Coulter Ventures, LLC
Subject
Patent
Status
Denied
Question(s) Presented
Whether “the collateral estoppel doctrine applies to a patent infringement action in federal district court when the plaintiff in that case previously lost on appeal before this Court on review...
Appeal No.
22-1216, 22-1217, 22-1218
Case
Roku, Inc. v. Universal Electronics, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Whether “this Court has jurisdiction under 28 U.S.C. § 1295(A)(4) to hear a direct appeal from a final agency action by the United States Patent and Trademark Office’s Patent Trial...
Appeal No.
21-2369
Case
Nippon Shinyaku Co. v. Sarepta Therapeutics, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Does the Erie doctrine require this Court to apply state substantive law when deciding an issue of contract interpretation under state law, including a state contract law principle that there...
Appeal No.
21-2137
Case
Low Temp Industries, Inc. v. Duke Manufacturing Co.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether a district court’s grant of preliminary injunction can be properly reversed under an abuse of discretion standard because the claims appear ‘vulnerable’ to a validity challenge even though the...
Appeal No.
21-1963, 21-1987
Case
Evolusion Concepts, Inc. v. Hoc Events, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“When a patentee says that ‘the invention is’ something—a phrase that appears in countless patents—is the interested public entitled to rely on that statement when determining the scope of the...
Appeal No.
21-1729
Case
Astrazeneca AB v. Mylan Pharmaceuticals Inc.
Subject
PatentAmicus
Status
Denied
Question(s) Presented
“Whether the established, agreed-upon ordinary meaning of a numerical term in a claim may be displaced, in the absence of lexicography or disclaimer, on the basis that it may encompass...
Appeal No.
21-171
Case
In re Google LLC
Subject
Patent
Status
Denied
Question(s) Presented
“What level of deference should this Court afford on mandamus review of discretionary transfer decisions?”  Whether “this Court [can] find a clear abuse of discretion, amounting to a usurpation of judicial...
Appeal No.
21-1706
Case
Alpek Polyester, S.A. de C.V. v. Polymetrix AG
Subject
Patent
Status
Denied
Question(s) Presented
“Did the panel err in failing to recognize that liability for induced infringement under 35 U.S.C. § 271(b) can be based on foreign activity, and that Polymetrix’s ownership of the...
Appeal No.
21-1702
Case
Sgromo v. Target Brands Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Whether “the panel decision is contrary to the following decision(s) of the Supreme Court of the United States or the precedents of this court”: “Mast, Foos Co. v. Stover Mfg....
Appeal No.
21-1649
Case
Junker v. Medical Components, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“May a Panel decision disregard Federal Circuit law applicable to summary judgment standards of review, and also rely on post-critical date evidence to assess whether a pre-critical date letter constitutes...