Petitions - Fed Circuit Blog

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201 Petitions

Appeal No.

Case

Subject

Status

Question(s) Presented

Packet Intelligence LLC v. NetScout Systems, Inc.

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...

Mirror Imaging, LLC v. Fidelity Information Services

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...

Concert Pharmaceuticals, Inc. v. Incyte Corporation

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...

19-2003, 19-2004

Ultratec, Inc. v. CaptionCall, LLC

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.”

19-2000, 19-2005, 19-2006

Ultratec, Inc. v. CaptionCall, LLC

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.”

19-1998, 19-1999, 19-2001, 19-2002

Ultratec, Inc. v. CaptionCall, LLC

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.”

Stuart v. Rust-Oleum Corporation

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...

Fall Line Patents, LLC v. United Patents, LLC

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...

In re PersonalWeb Technologies LLC

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...

Pfizer Inc. v. Merck Sharp & Dohme Corp.

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...

19-1864, 19-1960

GREE, Inc. v. Supercell Oy

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...

Consumer 2.0, Inc. v. Tenant Turner, Inc.

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...

19-1838, 19-1839, 19-1840

LiquidPower Specialty Products Inc. v. Baker Hughes

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...

19-1808 (L), -1812, -1813, -1814

Voip-Pal.com, Inc. v. Twitter, Inc.

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...

Airbus S.A.S. v. Firepass Corp.

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...

19-1794, 19-1223

SAP America, Inc. v. Arunachalam

Question(s) Presented

IYM Technologies LLC v. RPX Corporation

Question(s) Presented

1. “Whether this Court’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019), holding that the appointment of Administrative Patent Judges (‘APJs’) to the...

19-1756, 19-1934

C R Bard Inc. v. AngioDynamics, Inc.

Question(s) Presented

“Whether the panel erred in adopting a bright-line rule that claims reciting printed matter must be directed solely to that printed matter in order to be abstract as a mental...

Ford Global Technologies, LLC v. New World International, Inc.

Question(s) Presented

“Whether under the doctrine of repair as applied to design patents the article of manufacture undergoing the repair or reconstruction analysis is determined by a claiming test that demonstrably does...

Diem LLC v. BigCommerce, Inc.

Question(s) Presented

Whether the Federal Circuit’s “‘prevailing party’ jurisprudence has diverged from most sister circuits in contradiction of Supreme Court law.”

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