En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new opinion in an en banc case addressing design patent law’s nonobviousness requirement; seven new petitions raising questions related to nonobviousness, claim construction, infringement, appellate review, and damages; and three denials of petitions raising questions related to definiteness, claim construction, infringement, licenses, and reduction to practice. Here are the details.

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Opinions

Opinions & Orders – April 11, 2024

This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, and six nonprecedential orders. The precedential opinion, which attracted two amicus briefs, addresses an appeal from a final judgment of a district court holding certain patent claims invalid as obvious. Judge Cunningham filed an opinion dissenting in part. One of the nonprecedential opinions affirms four final written decisions of the Patent Trial and Appeal Board, determining all claims are unpatentable over asserted prior art. The other nonprecedential opinion affirms a decision of the Merit Systems Protections Board. Two of the nonprecedential orders transfer appeals to other United States appellate courts. Four of the nonprecedential orders are dismissals. Here are the introductions to the opinions, selected text from the transfer orders, and links to the dismissals.

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Opinions

Opinions & Orders – March 27, 2024

This morning, the Federal Circuit released four precedential opinions, two nonprecedential opinions, and two nonprecedential dismissals. The first precedential opinion comes in a case involving allegations of infringement of numerous patents and addresses appeals from a summary judgment of infringement of a subset of claims, from a jury determination that remaining claims were not infringed, and from a determination that all asserted claims, including those infringed, were invalid. The second precedential opinion addresses an appeal from a judgment of a district court finding certain patent claims invalid, finding certain claims infringed, and entering a damage award in excess of $6 million. The third precedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board. The fourth precedential opinion addresses an appeal from a judgment of the Court of Appeals for Veterans Claims. Each of the two nonprecedential opinions affirms a judgment—one of a district court in a patent case turning on patent eligibility, another of the Armed Services Board of Contract Appeals. Here are the introductions to the opinions and links to the dismissals.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new denials of petitions for rehearing en banc in patent cases. These petitions raised questions related to claim construction, the scope of inter partes review proceedings, and the evidentiary basis to prove the existence of prior art.  Here are the details.

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Opinions

Opinions & Orders – March 18, 2024

This morning, the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion addresses a pro se appeal from a judgment of the Merit Systems Protection Board. Two of the orders deny petitions, while one dismisses an appeal. Late Friday, the Federal Circuit also released one nonprecedential order dismissing another appeal. Here is the introduction to the opinion, selected text from the orders denying petitions, and links to the dismissals.

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Opinions

Opinions & Orders – March 12, 2024

This morning, the Federal Circuit released three nonprecedential opinions and two nonprecedential orders. All three of the opinions address pro se appeals—two opinions dismiss for lack of jurisdiction and one affirms a final order of the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions and links to the orders.

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Opinions

Opinions & Orders – February 21, 2024

This morning, the Federal Circuit released one precedential opinion and four nonprecedential orders. Late yesterday, the Federal Circuit also released another nonprecidential order. The opinion affirms a judgment of the United States Court of Federal Claims in a vaccine case. One of the orders dismisses an appeal, and another grants a motion to transfer a case to the Middle District of Alabama. The other three orders also dismiss appeals. Here are the introductions to the opinion and two of the orders and links to the three of the dismissals.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new petitions for rehearing in patent cases presenting questions related to patent eligibility and claim construction. 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 discussing Apple’s plan to “introduce watches without the blood oxygen monitoring feature” after the Federal Circuit “lifted a stay of the U.S. International Trade Commission’s ban on the original products”; and
  • an article highlighting how “[f]our 2023 opinions concerning claim construction from the U.S. Court of Appeals for the Federal Circuit offer lessons on how patent prosecution can affect later litigation.”
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Opinions

Opinions & Orders – January 12, 2024

The Federal Circuit sends us into the weekend with the release of four nonprecedential opinions. One opinion addresses an appeal from the Court of Federal Claims in which a motion for extension to file a notice of appeal was denied. Another opinion addresses an appeal from a final written decision of the Patent Trial and Appeal Board finding two claims unpatentable as obvious. Finally, two opinions, sharing the same named parties, address appeals from decisions of the Patent Trial and Appeal Board finding certain claims unpatentable as obvious. Here are the introductions to the opinions.

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