This morning the Federal Circuit issued one precedential order denying en banc rehearing in a patent case, as well as one nonprecedential opinion in another patent case. Both included dissents. Here is the text of the order and the introduction to the opinion along with language from the dissents.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions raising questions related to waiver of the prevailing arguments made in Arthrex, Inc. v. Smith & Nephew, Inc., non-obviousness, and argument-type prosecution history estoppel, two letters filed by the government in response to arguments related to Arthrex, Inc. v. Smith & Nephew, Inc., two amicus briefs in Arthrex, Inc. v. Smith & Nephew, Inc. itself, and the denial of four petitions. We have the details.
Today’s Opinions – December 11, 2019
This morning the Federal Circuit issued a nonprecedential opinion in a veterans case, a precedential order denying panel rehearing and another precedential order in the same case denying en banc rehearing, and four Rule 36 judgments. Here are the introductions to the opinions and orders and a list of the Rule 36 judgments.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions (on whether Arthrex should be applied to cases pending on appeal at the time it was decided, and whether the PTAB must consider arguments not made or adopted by examiners), an amicus brief, and three denials of petitions. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include one new petition, a response to a petition, a request from the Federal Circuit for a response, and a denial of a petition.
Today’s Opinions – October 10, 2019
Today the Federal Circuit issued one precedential opinion in a patent case, one nonprecedential opinion in a trademark case, one nonprecedential opinion in an appeal from the Court of International Trade, and one Rule 36 judgment. Here are the introductions to the opinions and a list of the Rule 36 judgments.
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