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En Banc Petitions

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Status
Subject
391 Petitions
Appeal No.
Case
Subject
Status
Question(s) Presented
Appeal No.
19-1201
Case
Alfred E. Mann Foundation v. Cochlear Corporation
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether the ‘book of wisdom’ permits a party seeking damages for patent infringement to rely on an unforeseeable stock price six years after the hypothetical negotiation date to grossly...
Appeal No.
19-1177
Case
Koninklijke Philips N.V. v. Google LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Can a stated combination of one reference with ‘general knowledge,’ the alleged general knowledge is based on the teaching of a single second reference, be used to circumvent consideration of...
Appeal No.
19-1169
Case
Samsung Electronics America v. Prisua Engineering Corp.
Subject
Patent
Status
Denied
Question(s) Presented
Whether the panel’s decision to remand this case to the to the Patent Trial and Appeal Board “for consideration of whether the Board can apply prior art to claims the...
Appeal No.
19-1165
Case
Uber Technologies, Inc. v. X One, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Whether “[t]he panel improperly substituted its own obviousness determination for one that should have been made in the first instance by the Board, thus intruding on the domain entrusted to...
Appeal No.
19-1164
Case
Uber Technologies, Inc. v. X One, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “[W]hen 35 U.S.C. § 103 dictates that obviousness assess whether ‘the differences between the claimed invention and the prior art are such that the claimed invention as a whole...
Appeal No.
19-1154, 19-1152
Case
Collabo Innovations, Inc. v. Sony Corporation
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether the Panel acted contrary to the standard for substantial evidence when it “upheld the Board’s decision that dependent claims 3 and 12 of U.S. Patent No 7,023,034 were...
Appeal No.
19-1141
Case
Ameranth, Inc. v. Domino's Pizza, LLC
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether, on summary judgment, a panel may act as a first-time factfinder to examine disputed facts and evidence regarding inventiveness of a groundbreaking invention improperly ignored by the District...
Appeal No.
19-1133
Case
Biogen MA Inc. v. EMD Serono, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether an anticipation analysis comparing a prior art product to a claimed product-by-process requires considering all of the physical, structural differences between the prior art product and the product that...
Appeal No.
19-1080
Case
Arctic Cat Inc. v. Bombardier Recreational Products Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “On ‘proof that the infringer was notified of the infringement and continued to infringe thereafter,’ patentees are entitled to damages for infringing acts ‘occurring after such notice.’ 35 U.S.C....
Appeal No.
19-1076
Case
Verify Smart Corp. v. Askeladden, LLC
Subject
Patent
Status
Denied
Question(s) Presented
1. “[W]hether the Director of the USPTO can accept a petition for Inter Partes Review (‘IPR’) from a party, where acceptance of that petition requires determination of an issue outside...
Appeal No.
19-1071
Case
Molon Motor and Coil Corporation v. Nidec Motor Corporation
Subject
Patent
Status
Denied
Question(s) Presented
“Did the published decision of the 2-1 Panel majority apply an improperly heightened standard for merger of patent license agreements that conflicts with controlling law and the plain terms of...
Appeal No.
19-1067, 19-1102
Case
Amgen Inc. v. Hospira, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether 35 U.S.C. § 271(e)(1) provides a safe harbor against infringement of patents claiming a method of manufacture, when the product manufactured is used to generate information for submission to...
Appeal No.
19-1050
Case
VirnetX Inc. v. Apple Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether issue preclusion bars an invalidity defense not pursued at trial in a prior action.” 2. “Whether this Court should hold patent claims invalid and unenforceable where it has previously...
Appeal No.
19-1021
Case
Galderma Laboratories, L.P. v. Amneal Pharmaceuticals LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Do clear and unmistakable arguments by a patentee during prosecution create an estoppel, regardless of whether the Patent Office agreed with the patentee’s arguments?”
Appeal No.
19-1020
Case
Bozeman Financial LLC v. Federal Reserve Bank
Subject
Patent
Status
Denied
Question(s) Presented
“[H]ow to determine, and whether, our nation’s regional Federal Reserve banks are part of the Federal Government, and thus do not qualify as ‘persons’ under the America Invents Act (AIA)...
Appeal No.
19-1018
Case
Bozeman Financial LLC v. Federal Reserve Bank
Subject
Patent
Status
Denied
Question(s) Presented
“[H]ow to determine, and whether, our nation’s regional Federal Reserve banks are part of the Federal Government, and thus do not qualify as ‘persons’ under the America Invents Act (AIA)...
Appeal No.
19-1002, 19-1003, 19-1027, 19-1029
Case
Customedia Technologies, LLC v. DISH Network Corporation
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether the Board erred in interpreting the claims to not require a receiver configured to exclusively store advertising data and only advertising data in a reserved storage section.” 2. “Whether...
Appeal No.
19-1001
Case
Customedia Technologies, LLC v. DISH Network Corp.
Subject
Procedure
Status
Denied
Question(s) Presented
1. “[W]hether a litigant can waive a constitutional defense based on an intervening change of law that implicates important issues of public concern.” 2. “[W]hether, after Arthrex, the Director’s delegation of...
Appeal No.
19-1000
Case
Customedia Technologies, LLC v. DISH Network Corporation
Subject
PatentAmicus
Status
Denied
Question(s) Presented
Whether “[t]he panel decision conflicts with the Supreme Court’s decision in Alice, and this Court’s decisions in Ancora, SRI, KPN, and Uniloc.”
Appeal No.
18-2431, 19-1064
Case
Uniloc 2017 LLC v. Cisco Systems, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Whether “[i]n vacating the Final Written Decision and remanding this case in light of Arthrex, the panel overlooked the express limitations of Arthrex and the longstanding and numerous authorities holding...