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En Banc Petitions

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Status
Subject
375 Petitions
Appeal No.
Case
Subject
Status
Question(s) Presented
Appeal No.
19-2057
Case
Vilox Technologies, LLC v. Unified Patents Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “This case presents the same three questions presented in Arthrex . . . in which all parties have petitioned for en banc review: A. Whether the administrative patent judges of...
Appeal No.
19-2054, 19-2081
Case
Hologic, Inc. v. Minerva Surgical, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“For purposes of determining whether assignor estoppel applies, how should a court determine an inventor’s representation of patent scope in a never-issued claim in the original patent application?”
Appeal No.
19-2054, 19-2081
Case
Hologic, Inc. v. Minerva Surgical, Inc.
Subject
PatentAmicus
Status
Denied
Question(s) Presented
Questions raised by Appellants: 1. “Whether ‘an assignor can circumvent the doctrine of assignor estoppel by attacking the validity of a patent claim in the Patent Office’—even though the assignor may...
Appeal No.
19-2050
Case
Dana-Farber Cancer Institute, Inc. v. Ono Pharmaceutical Co.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether the panel erred in adopting a bright-line rule that the novelty and non-obviousness of an invention over alleged contributions to conception are ‘not probative’ of whether those alleged contributions...
Appeal No.
19-2041
Case
Packet Intelligence LLC v. NetScout Systems, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Questions Presented by Packet Intelligence LLC: “Whether an accused infringer’s ‘initial burden of production’ under Arctic Cat requires production of evidence that an allegedly unmarked article practices the invention, or is...
Appeal No.
19-2026
Case
Mirror Imaging, LLC v. Fidelity Information Services
Subject
Patent
Status
Denied
Question(s) Presented
1. “This case presents the same three questions presented in Arthrex . . . in which all parties have petitioned for en banc review: A. Whether the administrative patent judges of...
Appeal No.
19-2011
Case
Concert Pharmaceuticals, Inc. v. Incyte Corporation
Subject
Patent
Status
Denied
Question(s) Presented
The government presents the following questions: 1. “This case presents the same three questions presented in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), in which...
Appeal No.
19-2011
Case
Sun Pharmaceutical Industries, Inc. v. Incyte Corporation
Subject
Patent
Status
Denied
Question(s) Presented
Whether “[t]he panel overlooked appellant’s argument that there was ‘a longfelt need for an effective AA treatment with a tolerable long-term side effect profile’ . . . . That is,...
Appeal No.
19-2003, 19-2004
Case
Ultratec, Inc. v. CaptionCall, LLC
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether the PTAB “applied the wrong claim construction standard.” 2. Whether “the PTAB impermissibly acted as an advocate, exceeded its authority under the Administrative Procedure Act, and violated due process.”
Appeal No.
19-2000, 19-2005, 19-2006
Case
Ultratec, Inc. v. CaptionCall, LLC
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether the PTAB “applied the wrong claim construction standard.” 2. Whether “the PTAB impermissibly acted as an advocate, exceeded its authority under the Administrative Procedure Act, and violated due process.”
Appeal No.
19-1998, 19-1999, 19-2001, 19-2002
Case
Ultratec, Inc. v. CaptionCall, LLC
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether the PTAB “applied the wrong claim construction standard.” 2. Whether “the PTAB impermissibly acted as an advocate, exceeded its authority under the Administrative Procedure Act, and violated due process.”
Appeal No.
19-1994
Case
Stuart v. Rust-Oleum Corporation
Subject
Patent
Status
Denied
Question(s) Presented
Rust-Oleum’s Questions Presented: 1. “Whether this Court erred by vacating and remanding this case based on an Appointments Clause challenge[] raised for the first time in a single pre-briefing motion before...
Appeal No.
19-1956
Case
Fall Line Patents, LLC v. United Patents, LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Whether this Court’s mandamus power is categorically unavailable to police egregious violations of the Board’s duty to apply the real-party-in-interest rules to petitioners whose entire business model is to challenge...
Appeal No.
19-1918
Case
In re PersonalWeb Technologies LLC
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether the court erred in ruling “that the Kessler doctrine precluded claims of infringement arising after this dismissal with prejudice—which involved no finding whatsoever of noninfringement.” 2. Whether “[t]he Panel’s...
Appeal No.
19-1871
Case
Pfizer Inc. v. Merck Sharp & Dohme Corp.
Subject
Patent
Status
Denied
Question(s) Presented
Director Iancu’s Questions Presented: 1. “This case presents the same three questions presented in Arthrex . . . in which all parties have petitioned for en banc review: A. Whether the administrative...
Appeal No.
19-1864, 19-1960
Case
GREE, Inc. v. Supercell Oy
Subject
Patent
Status
Denied
Question(s) Presented
“May a Panel of this Court disregard the Patent Trial and Appeal Board’s finding that the Petition did not present evidence or arguments that features recited by claims 2-4 and...
Appeal No.
19-1846
Case
Consumer 2.0, Inc. v. Tenant Turner, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Can a court determine at the pleading stage that a claimed method or claim element is unconventional yet not unknown enough to be patent-eligible under 35 U.S.C. § 101 by...
Appeal No.
19-1838, 19-1839, 19-1840
Case
LiquidPower Specialty Products Inc. v. Baker Hughes
Subject
Patent
Status
Denied
Question(s) Presented
“Whether objective evidence of nonobviousness may be considered when deciding key obviousness questions such as whether a skilled artisan would have motivation to combine prior art references with a reasonable...
Appeal No.
19-1808 (L), 19-1812, 19-1813, 19-1814
Case
Voip-Pal.com, Inc. v. Twitter, Inc.
Subject
PatentAmicus
Status
Denied
Question(s) Presented
1. “Is it erroneous for a court to resolve a claim construction dispute in the context of a Rule 12 eligibility challenge without claim construction?” 2. “Is it erroneous to place...
Appeal No.
19-1803
Case
Airbus S.A.S. v. Firepass Corp.
Subject
Patent
Status
Denied
Question(s) Presented
1. When an Examiner rejects a claim on the basis of obviousness, must that rejection contain within its four corners all of the elements of a prima facie case of...