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En Banc Petitions

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Status
Subject
290 Petitions
Appeal No.
Case
Subject
Status
Question(s) Presented
Appeal No.
22-1027, 22-1028
Case
CareDx, Inc. v. Natera, Inc.
Subject
PatentAmicus
Status
Pending
Question(s) Presented
“Whether an improvement on a human-made method is patent eligible at Alice step one, when the claimed advance is also human-made?” “Whether an improvement upon a human-made method is patent eligible...
Appeal No.
21-2121
Case
Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
Subject
Patent
Status
Pending
Question(s) Presented
Whether the “panel in this case [correctly] concluded that a prior-art reference could not anticipate or disclose an invention formed from two elements contained in defined lists that the art...
Appeal No.
21-2093
Case
Finjan LLC v. ESET, LLC
Subject
Patent
Status
Pending
Question(s) Presented
“Whether a District Court’s construction of a claim term in an asserted patent, determined to be consistent with a totality of the evidence based on analysis of conflicting definitions provided...
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.
22-140, 22-141, 22-142
Case
In re Google LLC
Subject
Patent
Status
Denied
Question(s) Presented
Whether “the Panel incorrectly applied the ‘center of gravity’ factor rather than the binding Fifth Circuit private and public factors under In re Volkswagen AG, 371 F.3d 201, 203 (5th...
Appeal No.
22-137
Case
In re Apple Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Whether “this Court overlooked, or did not have the benefit of at the time of its ruling, the following points of law and fact: Apple’s venue witness, Mark Rollins, was found...
Appeal No.
22-128
Case
In re Apple Inc.
Subject
Patent
Status
Denied
Question(s) Presented
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.
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.
22-1196
Case
Golden v. United States
Subject
Pro Se
Status
Denied
Question(s) Presented
Appeal No.
22-1145
Case
Seoul Viosys Co., Ltd. v. P3 International Corp.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether a party seeking an exceptional case determination can be faulted for seeking an award of its attorney fees early in and throughout the case, and that conduct weighed against...
Appeal No.
22-1016
Case
Click-to-Call Technologies, LP v. Ingenio, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether 35 U.S.C. § 315(e)’s IPR estoppel provision applies only to claims addressed in the final written decision, as consistent with the holdings in Shaw, and Intuitive Surgical, and whether...
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.
21-2111
Case
Innovation Sciences, LLC v. Amazon.com, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether it is proper to treat a system built in 2019 for purposes of the litigation that included certain prior art components (i.e., the 2019 HAL System) as an...
Appeal No.
21-2040
Case
VDPP LLC v. VIZIO, Inc.
Subject
Patent
Status
Denied
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.
21-1963, 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.
21-1937, 21-1984
Case
Vocalife LLC v. Amazon.com, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Whether “the Opinion contradicts the district court’s claim construction, which stands as a matter of law in absence of any de novo review, of the ‘plurality of configurations’ limitation.” Whether “the...
Appeal No.
21-1903
Case
Nike, Inc. v. Adidas AG
Subject
Patent
Status
Denied
Question(s) Presented
“In an inter partes review, does the petitioner bear the burden of persuasion for an unpatentability ground the Board raises sua sponte against proposed substitute claims?”
Appeal No.
21-1759
Case
Atlanta Gas Light Co. v. Bennett Regulator Guards, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Is a lower tribunal permitted, consistent with both its and this Court’s jurisdiction, to nullify or render advisory an earlier judgment of this Court?”