En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The en banc court issued a long-awaited opinion last week in an employment case addressing the question of whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes. As for petitions in patent cases, the court received a new petition raising a question related to claim construction and denied a petition in a case raising a question related to the terms of a protective order. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the terms of a protective order. The court also denied a petition in a case raising questions related to claim construction at the Patent Trial and Appeal Board. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article about the Federal Circuit allowing Chief U.S. Judge Colm Connolly of the District of Delaware to “inquire into compliance with his standing orders into ownership transparency” in patent cases;
  • another article about the Federal Circuit denying a motion to enjoin a litigant “from commercially marketing generic versions of [a] sleep disorder drug”; and
  • a third article about a Federal Circuit decision regarding whether under a pretrial discovery order in a patent case is appealable under the collateral order doctrine.
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Opinions

Opinions & Orders – December 29, 2022

Late yesterday and this morning the Federal Circuit released a precedential opinion dismissing an interlocutory appeal for lack of jurisdiction. Notably, Judge Newman dissented. The court also released two nonprecedential orders dismissing a petition for lack of jurisdiction and an appeal for lack of jurisdiction. The court also released another nonprecedential order granting a motion to dismiss.

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