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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.
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.
22-1391, 22-1425
Case
Freshub, Inc. v. Amazon.com, Inc
Subject
Patent
Status
Denied
Question(s) Presented
“Whether the Panel’s decision creates new law that contravenes this Court’s longstanding precedent that a system that only sometimes practices a claim is nevertheless infringing, by requiring a ‘narrowing’ claim...
Appeal No.
22-1386
Case
Roku, Inc. v. International Trade Commission
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether “[i]n affirming the U.S. International Trade Commission’s (ITC) determination that Universal Electronics, Inc. (UEI) satisfied the economic prong of the domestic industry requirement, the panel misapprehended that, under...
Appeal No.
22-1385
Case
Inguran, LLC v. ABS Global, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Does the absence of a specific finding of indirect infringement by a jury render a district court powerless to fashion equitable relief to address an infringer carrying out the infringing...
Appeal No.
22-1373, 22-1374
Case
Yita LLC v. MacNeil IP LLC
Subject
Patent
Status
Denied
Question(s) Presented
1. “The Panel misapprehended Demaco and its progeny to negate Yita’s failure to rebut the presumption of nexus that Patent Owner-Appellee MacNeil IP LLC’s (‘MacNeil’) objective evidence was tied to...
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.
22-1303
Case
Wildcat Licensing WI LLC v. Atlas Copco Tools and Assembly Systems LLC
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether the proper standard of review for determining whether the Board improperly relied on ‘new’ arguments not raised in an [inter partes review] petition is de novo or abuse...
Appeal No.
22-1293, 22-1294, 22-1295, 22-1296
Case
In re Cellect, LLC
Subject
Patent11 Amici
Status
Denied
Question(s) Presented
1. “Whether the statutory language and legislative history of the patent term adjustment statute, 35 U.S.C. § 154(b), as well as this Court’s precedent, instruct that it should be interpreted...
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.
22-1253
Case
LKQ Corporation v. GM Global Technology Operations LLC
Subject
Patent3 Amici
Status
Denied
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...
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.
22-1200, 22-2223
Case
Ameranth, Inc. v. Domino's Pizza, LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Does the ‘objectively baseless’ standard in Octane Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. 545 (2014), permit fee-shifting under 35 U.S.C. §285 for an entire case during...
Appeal No.
22-1196
Case
Golden v. United States
Subject
Pro Se
Status
Denied
Question(s) Presented
Appeal No.
22-1193
Case
IPA Technologies Inc., v. Amazon.com, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Whether “[t]he panel decision affirming the district court’s determination that claim language stating a request must be ‘formed according to’ (or ‘in’ or ‘adhering to’) a language imposes: (1) the...
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.
22-1136, 22-1186
Case
C.R. Bard, Inc. v. Medical Components, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Whether “Bard’s asserted claims were eligible after the district court assumed Bard’s proposed construction for purposes of summary judgment under § 101.”
Appeal No.
22-1127
Case
KEYnetik, Inc. v. Samsung Electronics Co.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether an obviousness determination can be sustained as legally sufficient based solely on a statement describing a modification to prior art, as already described in the invention itself, as ‘simple’...
Appeal No.
22-1125, 22-1141
Case
XR Communications, LLC v. Arris Solutions, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether means-plus-function treatment applies to a claim term that (a) does not recite ‘means,’ (b) is not a nonce term, and (c) is a known term in the art...
Appeal No.
22-1116
Case
ChromaDex, Inc. v. Elysium Health, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“May a claim that includes an isolated natural substance in a treatment formulation be denied patent eligibility on summary judgment when there are disputed fact issues as to whether the...
Appeal No.
22-1111
Case
Ethicon LLC v. International Trade Commission
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether “[t]he panel misapprehended the intrinsic evidence to find that the specification ‘make[s] clear’ that a redundant construction is correct.” 2. Whether “the panel’s decision is contrary to at least...