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En Banc Petitions

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Status
Subject
400 Petitions
Appeal No.
Case
Subject
Status
Question(s) Presented
Appeal No.
23-2124. 23-2125
Case
United Services Automobile Association v. PNC Bank N.A.
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether the panel overlooked the point of law that, “[b]ecause like cases must be decided alike, where the Board reaches ‘opposite holdings,’ the Board ‘must at least provide some reasoned...
Appeal No.
23-1805
Case
United Therapeutics Corporation v. Liquidia Technologies, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Whether “the Panel decision announced an unprecedented an unsupported legal standard for adjudicating the scope of [inter partes reviews].” Whether “the Panel’s holding that IPR petitioners need not provide any ‘evidence...
Appeal No.
23-1801, 23-1802, 23-1803
Case
Converter Manufacturing, LLC v. Tekni-Plex, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether by summarily affirming the decision of the United States Patent and Trademark Office (‘USPTO’) under Fed. R. App. P. 36, this Court violated the Supreme Court’s mandate in...
Appeal No.
23-1790
Case
Steuben Foods, Inc. v. Shibuya Hoppmann Corporation
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether an accused structure can be found to infringe a means-plus-function limitation merely based on expert testimony that the structure performs the same function as the structure disclosed in...
Appeal No.
23-1786, 23-1871, 23-1893
Case
Lowe v. Shieldmark, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Can a district court consider and rule on a motion for summary judgment of invalidity and issue an alternate ruling after first ruling that the plaintiffs lacked Article III standing...
Appeal No.
23-1712
Case
XMTT, Inc. v. Intel Corporation
Subject
Patent
Status
Denied
Question(s) Presented
Whether “[t]his Court’s decision summarily affirming the district court’s judgment under Rule 36 without elaboration necessarily relied upon a flawed district court claim construction interpreting claim terms including the words...
Appeal No.
23-1630
Case
Samsung Electronics Co. v. Power2B, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether a disputed claim recital, which formed the basis of a restriction requirement, should be construed to encompass all embodiments or only the specific embodiments corresponding to the elected group?”
Appeal No.
23-1546
Case
Altria Client Services LLC v. R.J. Reynolds Vapor Company
Subject
Patent
Status
Denied
Question(s) Presented
“Whether the Court’s ‘built-in apportionment’ doctrine is contrary to the Supreme Court’s rule in Garretson v. Clark, 111 U.S. 120 (1884), and should be overruled or at least limited to the...
Appeal No.
23-139
Case
In re RingCentral, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Under 28 U.S.C. § 1400(b), absent venue manipulation, must facts supporting venue exist when suit is brought?”
Appeal No.
23-1362
Case
Vroom, Inc. v. Sidekick Technology, LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Whether a district court’s judgment on the pleadings in favor of the plaintiffs that all of the defendant’s asserted patent claims are invalid is sufficiently final for this Court to...
Appeal No.
23-1354, 23-1384, 23-1407
Case
Honeywell International Inc. v. 3G Licensing, S.A.
Subject
Patent
Status
Denied
Question(s) Presented
“Does an appellee’s listing of less than all claims challenged in an IPR on the inside cover of its response brief affirmatively waive alternative grounds for affirmance found by the...
Appeal No.
23-1342, 23-1345
Case
Laboratory Corporation of America Holdings v. Ravgen, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1.”The panel failed to address critical arguments presented in Labcorp’s briefing that directly contradict its decision, warranting rehearing and reversal of the Board.” 2. “Regardless of these errors, en banc review...
Appeal No.
23-1336
Case
Sanho Corp. v. Kaijet Technology International Ltd.
Subject
Patent
Status
Denied
Question(s) Presented
“Under what circumstances does an inventor’s disclosure of subject matter to others, which is made without any confidentiality expectations, constitute a ‘public[] disclos[ure]’ under 35 U.S.C. § 102(b)(1)(B) and (2)(B)?”
Appeal No.
23-1318, 23-1441
Case
Island Intellectual Property LLC v. TD Ameritrade, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “May the Court disregard FRCP 56 when deciding summary judgment in a patent litigation, in particular Rule 56’s requirement to apply all inferences in favor of the non-moving party?” 2....
Appeal No.
23-1296
Case
UNM Rainforest Innovations v. Zyxel Communications Corp.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether the Panel erred in applying its own guidance, as provided in Phillips, in reviewing the PTAB’s claim construction.” 2. “Whether the Panel erred in upholding the PTAB’s claim construction,...
Appeal No.
23-1247
Case
Vanda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether method-of-treatment patents directed to the effect of food on a particular drug are per se obvious because of FDA Guidance acknowledging that food may affect the bioavailability of...
Appeal No.
23-1246, 23-1436
Case
Traxcell Technologies, LLC v. AT&T, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Is a timely objected to Magistrate Judge’s Report & Recommendation, not yet adopted or approved by a District Court pursuant to Title 28 U.S.C. §636(b), a final ruling for...
Appeal No.
23-1217
Case
US Synthetic Corp. v. International Trade Commission
Subject
Patent
Status
Denied
Question(s) Presented
“Whether the Alice Step One inquiry can include findings of fact, which when made by an agency, must be reviewed for substantial evidence rather than de novo.”
Appeal No.
23-1184
Case
SnapRays v. Lighting Defense Group LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Whether a patentee subjects itself to specific personal jurisdiction anywhere a plaintiff operates—even though the patentee has no contacts with the forum or the plaintiff—just because the patentee’s out-of-forum conduct...
Appeal No.
23-1173, 23-1179, 23-1180, 23-1191
Case
Koss Corp. v. Bose Corp.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether issue preclusion applies when a party, after the district court dismissed its claims with leave to replead, amends a complaint to add new claims based on newly pleaded facts,...