Petitions - Fed Circuit Blog

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478 Petitions

Appeal No.

Case

Subject

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Question(s) Presented

In re Core Scientific, Inc.

Question(s) Presented

1. “Whether a party is precluded from addressing in its reply an issue raised by the Court and raised in the opposing response brief for the first time on appeal...

Enanta Pharmaceuticals, Inc. v. Pfizer Inc.

Question(s) Presented

1. “Whether a specification that provides a detailed list of exemplary embodiments must literally recite each and every claimed embodiment in order to satisfy the written-description requirement.” 2. “Whether that rule...

PACT XPP Schweiz AG v. Intel Corp.

Question(s) Presented

1. “Whether the demanding standard for finding prosecution disclaimer can be avoided by characterizing a prosecution statement as evidence bearing on claim construction.” 2. “Whether a party can preserve an argument...

Linfo IP, LLC v. Trustpilot, Inc.

Question(s) Presented

1. “[W]hether the panel misapprehended the scope and structure of the parties’ settlement when it dismissed this appeal as moot.” 2. “[I]n the alternative, whether the unreviewed § 101 invalidity judgment...

Manufacturing Resources International, Inc. v. Squires

Question(s) Presented

“[W]hether, under the Administrative Procedure Act, the Patent Trial and Appeal Board must hold a petitioner to its burden of proof and explain its action or, instead, if the Board...

Constellation Designs, LLC v. LG Electronics Inc.

Question(s) Presented

Whether “the panel decision is contrary to the following decision(s) of the Supreme Court of the United States or the precedent(s) of this court: Garretson v. Clark, 111 U.S. 120...

Teva Pharmaceuticals International GmbH v. Eli Lilly and Co.

Question(s) Presented

1. “Whether adding functional method-of-use limitations to otherwise nonenabled genus claims renders the claims enabled, as the panel held.” 2. “Whether a specification’s disclosure of species outside the scope of a...

Range of Motion Products, Inc. v. Armaid Co.

Question(s) Presented

1. “The test for design-patent infringement that the Supreme Court established in Gorham inquires only as to whether an ordinary observer would find the appearance of two designs ‘substantially the...

Clearplay, Inc. v. DISH Network L.L.C.

Question(s) Presented

“[W]hether the Federal Circuit’s requirement of ‘particularized testimony and linking argument,’ as applied to set aside a jury’s equivalence verdict resting on panel-credited limitation-specific testimony and on Warner-Jenkinson enumerated factors,...

EcoFactor, Inc. v. Google LLC

Question(s) Presented

Did the court err in “failing to rigorously scrutinize a patentee’s reliance on supposedly comparable licenses” resulting in an “artificially inflated damages award that is divorced from market realities and...

LKQ Corporation v. GM Global Technology Operations LLC

Question(s) Presented

“Whether the rigid approach to evaluating the obviousness of designs under In re Rosen, 673 F.2d 388, 391 (CCPA 1982) and Durling v. Spectrum Furniture Co., Inc., 101 F.3d 100...

Bedgear, LLC v. Fredman Bros. Furniture Co.

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...

Question(s) Presented

“Whether a district court’s refusal to grant a pro se litigant CM/ECF access, while mandating a secondary, delayed ‘ADS’ or paper-filing system, creates a ‘Procedural Asymmetry’ that violates the principle...

In re Comcast Cable Communications, LLC

Question(s) Presented

“Whether a defendant’s alleged performance of a single step of a claimed multi-step method in a judicial district is sufficient to establish that ‘the defendant has committed acts of infringement’...

In re Catanzaro

Question(s) Presented

1. “Whether rehearing en banc is warranted where, after the panel’s denial of mandamus, the district court issued an order (Doc. 139) before the mandate had issued, relying on a...

Applications In Internet Time, LLC v. Salesforce, Inc.

Question(s) Presented

1. “Whether a plaintiff holding a recorded patent assignment, who reasonably believed it owned the asserted patents at the time the complaint was filed, lacks Article III constitutional standing or...

25-1470, 25-1472

Spero v. Mercedes-Benz USA, LLC

Question(s) Presented

1. “Under 35 U.S.C. § 316(e), the petitioner bears the burden of proving unpatentability by a preponderance of the evidence. Does the Board violate this statute by failing to address...

In re VirtaMove Corp.

Question(s) Presented

1. Whether, “[f]or the ‘clearly materialize’ burden of proof, the Google Decision is inconsistent with the Fifth Circuit and failed to properly impose the burden on Google, leaving open the...

25-1306, 25-1307, 25-1473

Spero v. Mercedes-Benz USA, LLC

Question(s) Presented

“Whether the Board’s Final Written Decision violates 35 U.S.C. § 316(e) and well settled precedent by departing from the record evidence and formulating its own obviousness theory and affirmative factual...

In re VirtaMove Corp.

Question(s) Presented

1. Whether, “[f]or the ‘clearly materialize’ burden of proof, the Google Decision is inconsistent with the Fifth Circuit and failed to properly impose the burden on Google, leaving open the...

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