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En Banc Petitions

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Status
Subject
460 Petitions
Appeal No.
Case
Subject
Status
Question(s) Presented
Appeal No.
23-2184, 24-1399, 24-1400
Case
Power2B, Inc. v. Samsung Electronics Co.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether the Court can invalidate a patent claim on appeal from the PTAB where the petitioner below failed to address a claim limitation in its petition for inter partes...
Appeal No.
23-2153
Case
Colibri Heart Valve LLC v. Medtronic CoreValve LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Whether, under the doctrine of prosecution history estoppel, the amendment or cancellation of one claim can limit the scope of equivalents available for a separate claim that does not recite...
Appeal No.
23-2144, 23-2145, 23-2146, 23-2147, 23-2414, 23-2415, 23-2442, 23-2443
Case
Bright Data Ltd. v. Code200, UAB
Subject
Patent
Status
Denied
Question(s) Presented
1. Do “the prosecution history statements in prior [inter partes reviews] disclaim the [Patent Trial and Appeal Board’s] broader . . . constructions?” 2. Does “the prosecution history of the related...
Appeal No.
23-2138
Case
North Star Technology International Ltd. v. Latham Pool Products, Inc.
Subject
Patent2 Amici
Status
Denied
Question(s) Presented
“Whether the undefined and standardless ‘sufficiently distinct’ test for design-patent infringement, as well as its application at the summary-judgment stage, conflicts with Gorham Co. v. White, 81 U.S. 511 (1871),...
Appeal No.
23-2124. 23-2125
Case
United Services Automobile Association v. PNC Bank N.A.
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether the panel overlooked the point of law that, “[b]ecause like cases must be decided alike, where the Board reaches ‘opposite holdings,’ the Board ‘must at least provide some reasoned...
Appeal No.
23-2117, 23-2116
Case
Mondis Technology Ltd. v. LG Electronics Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Does the presumption of validity set out in 35 U.S.C. § 282 apply to all written description cases or does the burden shift to the patentee when there is no...
Appeal No.
23-2110
Case
Dolby Laboratories Licensing Corp. v. Unified Patents, LLC
Subject
PatentAmicus
Status
Denied
Question(s) Presented
1. “Does the AIA create informational rights?” 2. “Does a patent owner faced with a petition for inter partes review have a right to know the identities of all real parties in...
Appeal No.
23-2098, 23-2150
Case
Wherevertv, Inc. v. Comcast Cable Communications, LLC
Subject
Patent
Status
Denied
Question(s) Presented
“Whether a district court can commit reversible error by not construing claim terms, even though the appellant never sought a construction of those terms and instead successfully convinced the district...
Appeal No.
23-2043, 23-2233, 23-2326
Case
Wonderland Switzerland AG v. Evenflo Company, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“When performing plain meaning analysis for unconstrued claim terms, should courts consider what the patent teaches about the plain meaning in, for example, embodiments and dependent claims?”
Appeal No.
23-2042
Case
Janssen Pharmaceuticals, Inc. v. Mylan Laboratories ltd.
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether “[t]he panel affirmed the judgment of induced infring[e]ment by relying on evidence of attempted-but-failed infring[e]ment” and whether “[a]ttempted infring[e]ment cannot suffice to prove practice of all claim elements.” 2....
Appeal No.
23-2033, 23-2034, 23-2035, 23-2036, 23-2037, 23-2038, 23-2039
Case
Rideshare Displays, Inc. v. Lyft, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether the Court may disregard key functional limitations of the claims that implement the improvement to the claimed invention over the prior art in conducting a patent eligibility analysis.” 2....
Appeal No.
23-1855, 23-2399, 23-1856, 24-1047
Case
Rasmussen Instruments, LLC v. DePuy Synthes Products, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
1. Whether the Federal Circuit erred by “disregarding the important distinctions” made by the parties’ agreement between the terms “inventions” and “know-how?” 2. Whether the Federal Circuit erred when it interpreted...
Appeal No.
23-1841
Case
Wash World Inc. v. Belanger Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether this precedential panel decision imposes a new requirement that a district court consider all issues feasibly raised before it, including relief not explicitly requested until a party’s reply brief...
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.
23-1790
Case
Steuben Foods, Inc. v. Shibuya Hoppmann Corporation
Subject
Patent
Status
Denied
Question(s) Presented
1. “Whether an accused structure can be found to infringe a means-plus-function limitation merely based on expert testimony that the structure performs the same function as the structure disclosed in...
Appeal No.
23-1786, 23-1871, 23-1893
Case
Lowe v. Shieldmark, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Can a district court consider and rule on a motion for summary judgment of invalidity and issue an alternate ruling after first ruling that the plaintiffs lacked Article III standing...
Appeal No.
23-1712
Case
XMTT, Inc. v. Intel Corporation
Subject
Patent
Status
Denied
Question(s) Presented
Whether “[t]his Court’s decision summarily affirming the district court’s judgment under Rule 36 without elaboration necessarily relied upon a flawed district court claim construction interpreting claim terms including the words...
Appeal No.
23-1639, 23-1866, 25-1276, 25-1341
Case
United Services Automobile Association v. PNC Bank N.A.
Subject
Patent
Status
Denied
Question(s) Presented
“This Court has held that, to find invalidity at Alice step two, the challenger bears the burden of proving—as ‘a question of fact’—that both the claim elements and their ‘ordered...
Appeal No.
23-1630
Case
Samsung Electronics Co. v. Power2B, Inc.
Subject
Patent
Status
Denied
Question(s) Presented
“Whether a disputed claim recital, which formed the basis of a restriction requirement, should be construed to encompass all embodiments or only the specific embodiments corresponding to the elected group?”