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En Banc Petitions

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Status
Subject
409 Petitions
Appeal No.
Case
Subject
Status
Question(s) Presented
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.
23-1245
Case
Lashify, Inc. v. International Trade Commission
Subject
PatentAmicus
Status
Denied
Question(s) Presented
1. “Under 19 U.S.C. §§ 1337(a)(2) and (a)(3)(B), does the statutory language require that ‘labor or capital’ include only labor or capital that establishes an ‘industry,’ consistent with the statute’s...
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,...
Appeal No.
23-1169
Case
Amarin Pharma, Inc v. Hikma Pharmaceuticals USA Inc.
Subject
Patent3 Amici
Status
Denied
Question(s) Presented
1. “Can a patentee state a claim that a defendant ‘actively induces infringement’ of a patented method under 35 U.S.C. § 271(b) without identifying any alleged statement by the defendant...
Appeal No.
23-1146
Case
Lite-Netics, LLC v. Nu Tsai Capital LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Whether the panel erred, as a factual matter, by expressing in a precedential opinion that Appellee did not argue for preservation of a preliminary injunction in part, if the panel...
Appeal No.
23-1111
Case
CloudofChange, LLC v. NCR Corp.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether the same vicarious liability analysis for direct use infringement under 35 U.S.C. § 271(a) must be applied to both method and system claims in view of Limelight Networks, Inc. v....
Appeal No.
23-1096
Case
Audio Evolution Diagnostics, Inc. v. United States
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether this Court’s Section 101 precedent since the Supreme Court’s Alice/Mayo decisions requires clarification due to the economic damage and unpredictability that it has caused to the point that...
Appeal No.
23-1048
Case
Plotagraph, Inc. v. Lightricks, Ltd.
Subject
Patent
Status
Denied
Question(s) Presented
“[W]hether patent prosecution history and claim interpretation have any effect upon how a claim is viewed under step one of the patent eligibility test set forth in Alice Corp. v....
Appeal No.
23-1035
Case
Realtime Adaptive Streaming LLC v. Sling TV, L.L.C.
Subject
Attorney Fees
Status
Denied
Question(s) Presented
“In Highmark Inc. v. Allcare Health Management System, Inc., 572 U.S. 559 (2014), the Supreme Court held ‘that an appellate court should review all aspects of a district court’s §...
Appeal No.
23-1034
Case
Apple Inc. v. Omni MedSci, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“When the arguments made and evidence presented in an Inter Partes Review Petition rely on the plain and ordinary meaning of claim terms and fail to account for or address...
Appeal No.
23-103
Case
In re Nimitz Technologies LLC
Subject
Patent
Status
Denied
Question(s) Presented
“[W]hether the district court may require that a litigant provide attorney-client privileged documents to the judge that is investigating the party, where the crime fraud exception to the attorney-client privilege...
Appeal No.
22-2291
Case
Impact Engine, Inc. v. Google LLC
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether means-plus-function claims subject to § 112(f) are patent-eligible under § 101 as a matter of law.” 2. “Whether means-plus-function claims must be properly construed before assessing their eligibility under...
Appeal No.
22-2257, 22-2258, 22-2259, 22-2260
Case
GUI Global Products, Ltd. v. Apple Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Whether, “if the Court grants Panel rehearing or rehearing in banc for Appeal Nos. 2022-2158 and 2022-2159, then [should] the Court also grant Panel rehearing or rehearing en banc for...
Appeal No.
22-2248
Case
University of South Florida Board of Trustees v. United States
Subject
Patent
Status
Denied
Question(s) Presented
1.”May a Government License, 35 U.S.C. § 202(c)(4), in an invention ever be granted where no government funds of any type were ever provided in the making of the invention?” 2....