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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.
22-2220, 22-2250
Case
ZyXEL Communications Corp. v. UNM Rainforest Innovations
Subject
Patent
Status
Denied
Question(s) Presented
“This Court has never considered the effect of a remand overturning a holding on which Patent Owner relied in drafting its amended claims. Here, the Panel Opinion overturned an aspect...
Appeal No.
22-2217, 23-1021
Case
United Therapeutics Corporation v. Liquidia Technologies, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether an Inter Partes Review Final Written Decision from the Patent Trial and Appeal Board rendering unpatentable all issued claims should be considered in assessing an accused infringer’s subjective intent...
Appeal No.
22-2156, 22-2157, 22-2158, 22-2159
Case
GUI Global Products, Ltd. v. Samsung Electronics Co.
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether “[t]he Panel Erred in Finding Substantial Evidence that Kim ‘Teaches’ the ‘Plays . . . a Remote Device’ Element Because the Panel Conflated a Claim Element Being Taught...
Appeal No.
22-2153, 23-1952
Case
Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Plaintiffs-Appellants: “Whether a panel of this Court may affirm findings of a district court based on an analysis the district court never conducted and evidence the district court never credited.” Defendant-Cross-Appellant: “Whether 35...
Appeal No.
22-2117
Case
Askan v. FARO Technologies, Inc.
Subject
Pro Se
Status
Denied
Question(s) Presented
Appeal No.
22-2091, 22-2115
Case
Koss Corp. v. Vidal
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.
22-2090
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.
22-2044
Case
Ikorongo Texas LLC v. Bumble Trading LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Whether Industrial Chemicals requires the Court to consider the original claims in addition to the specification when conducting a 35 U.S.C. § 251 [reissue proceeding].” “Whether the ‘clearly and unequivocally’ and/or...
Appeal No.
22-2042
Case
K-fee System GmbH v. Nespresso USA, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether the printed matter doctrine requires that a claim limitation bearing on patentability must have some functional relationship to the claim?”
Appeal No.
22-2001
Case
Fleet Engineers, Inc. v. Mudguard Technologies
Subject
Pro Se
Status
Denied
Question(s) Presented
Appeal No.
22-1963
Case
Mantissa Corporation v. First Financial Corporation
Subject
Patent
Status
Denied
Question(s) Presented
“In analyzing whether a claim of a patent is indefinite, should courts rely on or prioritize (a) the claim language and embodiments in the patent that correspond to the claim...
Appeal No.
22-1951, 22-1952, 22-1953
Case
Schwendimann v. Neenah, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Where the Panel is presented with inconsistent claim constructions from the Board and the District Court, is it permissible for the Panel to issue a Rule 36 affirmance without...
Appeal No.
22-1906
Case
VLSI Technology LLC v. Intel Corporation
Subject
Patent
Status
Denied
Question(s) Presented
Whether “[t]he panel affirmed the literal-infringement judgment for the ’373 patent because it concluded that the jury could have reasonably found that the voltage source for the C6SRAM memory in...
Appeal No.
22-1905, 22-1970
Case
Luv N' Care, Ltd. v. Laurain
Subject
Patent
Status
Denied
Question(s) Presented
Whether the Panel’s decision was “contrary to the following decisions of the Supreme Court of the United States or the precedents of this court as it permits the actions of...
Appeal No.
22-1890
Case
Apple Inc. v. Masimo Corporation
Subject
Patent
Status
Denied
Question(s) Presented
“Whether a patent limitation should be given its plain and ordinary meaning, when (a) the alternative, narrower construction adopted by the lower tribunal renders claim language superfluous and (b) the...
Appeal No.
22-1878
Case
Astellas US LLC v. Hospira, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether a district court abuses its discretion when it permits an ANDA filer to change its product mid-litigation, for the very purpose of attempting to design around the patent-holder’s theory...
Appeal No.
22-1877
Case
Edwards Lifesciences Corporation v. Meril Life Sciences Pvt. Ltd.
Subject
Patent
Status
Denied
Question(s) Presented
“Under the Hatch-Waxman Act, Congress declared that ‘[i]t shall not be an act of infringement to make, use, offer to sell, or sell within the United States or import into...
Appeal No.
22-1860
Case
Team Worldwide Corporation v. Intex Recreation Corp.
Subject
Patent
Status
Denied
Question(s) Presented
“How much evidence is needed for a company with a patented, hugely successful product to be credited with secondary considerations of non-obviousness and maintain the validity of its patent claims?”
Appeal No.
22-1815, 22-2005, 22-2113
Case
NexStep, Inc. v. Comcast Cable Communications, LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Whether expert testimony is always required to prove infringement under the doctrine of equivalents.” “Whether proving equivalence requires the same type of testimony in every case, or whether the proof of...
Appeal No.
22-1769, 22-2261
Case
Lone Star Technological Innovations, LLC v. AsusTek Computer, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether patent ownership can be proven without a written document?” 2. “Whether the alleged infringer can waive its patent ownership challenge by not raising that issue explicitly in the pre-trial...