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 two new petitions raising questions related to assignments of patents and the non-obviousness requirement. The court also invited responses to petitions in two cases concerning the standard of review of Patent Trial and Appeal Board decisions and assignments of patents. Lastly, the court denied a petition for rehearing en banc in a case raising questions related to Appointments Clause challenges with respect to Administrative Patent Judges of the Patent Trial and Appeal Board. 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 three new petitions raising questions related to tolling for post-trial motions, the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding, and a denial of a petition for a writ of mandamus seeking to order transfer. The court also invited a response to a petition concerning deference to the Patent Trial and Appeal Board. Lastly, the court denied petitions in two cases relating to transfer and the standard for review for petitions for writs of mandamus and a third case relating to patent eligibility. 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 invited a response to a petition concerning patent eligibility. Additionally, the court denied a petition concerning means-plus-function claim limitations. Lastly, the court granted a motion to withdraw a petition concerning the extent of estoppel in claim construction. Here are the details.

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Opinions

Opinions & Orders – August 2, 2021

This morning the Federal Circuit issued a precedential opinion in a patent infringement case, affirming a denial of a motion to dismiss for lack of standing over a dissent by Judge Newman. The court also issued a nonprecedential order granting a petition for a writ of mandamus directing the Western District of Texas to transfer a case to the Central District of California. Here are the introductions to the opinion and order.

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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 three new petitions this week raising issues concerning the scope of appellate review, patent eligibility, and the extent of estoppel with respect to claim constructions. Additionally, the court invited responses in two cases addressing the court’s jurisdiction and the case addressing the extent of estoppel in claim constructions. Lastly, the court denied petitions in three cases raising questions related to patent eligibility, inventorship, and the evaluation of expert opinions. Here are the details.

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