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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.
24-1685
Case
Applications in Internet Time, LLC v. Salesforce, Inc.
Subject
Patent
Status
Pending
Question(s) Presented
“Whether a patent’s specification limits claims so as to require a particular feature when the specification (1) disparages prior art for omitting that feature, (2) describes ‘the invention’ as containing...
Appeal No.
24-1133
Case
Applications in Internet Time, LLC v. Salesforce, Inc.
Subject
Patent
Status
Pending
Question(s) Presented
“Whether a patent’s specification limits claims so as to require a particular feature when the specification (1) disparages prior art for omitting that feature, (2) describes ‘the invention’ as containing...
Appeal No.
24-1061
Case
Allergan USA, Inc. v. MSN Laboratories Private Ltd.
Subject
Patent2 Amici
Status
Pending
Question(s) Presented
1. “Does a general disclosure that a pharmaceutical compound may be combined with any of five inactive ingredients sufficiently describe ‘picture claims’ to specific formulations that are ‘narrow’ and recite...
Appeal No.
23-1035
Case
Realtime Adaptive Streaming LLC v. Sling TV, L.L.C.
Subject
Attorney Fees
Status
Pending
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.
23-1101
Case
EcoFactor, Inc. v. Google LLC
Subject
Patent
Status
Granted
Question(s) Presented
Did the court err in “failing to rigorously scrutinize a patentee’s reliance on supposedly comparable licenses” resulting in an “artificially inflated damages award that is divorced from market realities and...
Appeal No.
21-2348
Case
LKQ Corporation v. GM Global Technology Operations LLC
Subject
Patent3 Amici
Status
Granted
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.
18-2170
Case
Bedgear, LLC v. Fredman Bros. Furniture Co.
Subject
Patent
Status
Moot
Question(s) Presented
Bedgear, LLC asserts that “[e]n banc review is necessary to secure and maintain uniformity in the Court’s decisions in all pending cases that raise the same important constitutional question whether...
Appeal No.
23-2329
Case
Khan v. Merit Medical Systems, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Appeal No.
23-1805
Case
United Therapeutics Corporation v. Liquidia Technologies, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
Whether “the Panel decision announced an unprecedented an unsupported legal standard for adjudicating the scope of [inter partes reviews].” Whether “the Panel’s holding that IPR petitioners need not provide any ‘evidence...
Appeal No.
23-1801, 23-1802, 23-1803
Case
Converter Manufacturing, LLC v. Tekni-Plex, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether by summarily affirming the decision of the United States Patent and Trademark Office (‘USPTO’) under Fed. R. App. P. 36, this Court violated the Supreme Court’s mandate in...
Appeal No.
23-139
Case
In re RingCentral, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Under 28 U.S.C. § 1400(b), absent venue manipulation, must facts supporting venue exist when suit is brought?”
Appeal No.
23-1362
Case
Vroom, Inc. v. Sidekick Technology, LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Whether a district court’s judgment on the pleadings in favor of the plaintiffs that all of the defendant’s asserted patent claims are invalid is sufficiently final for this Court to...
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.
23-1184
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...