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En Banc Petitions

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Status
Subject
403 Petitions
Appeal No.
Case
Subject
Status
Question(s) Presented
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....
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,...