En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in four cases raising questions about the non-obviousness and novelty patentability requirements, the definiteness requirement, and principles of claim construction. The court also denied two petitions raising questions about eligibility and infringement. 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 the only pending en banc case, a veterans case, the court received the appellee’s supplemental brief. As for patent cases, the court received a new petition raising a question related to the ability to revise infringement contentions during litigation and denied two petitions raising questions related respectively to vacatur of a preliminary injunction and claim construction. Here are the details.

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Opinions

Opinions & Orders – December 30, 2022

This morning, the Federal Circuit released two nonprecedential opinions, one in a patent case and another in a government contract case. In the patent case, the Federal Circuit concluded that a district court did not abuse its discretion in excluding a patent owner from presenting an infringement theory at trial. The Federal Circuit also released two nonprecedential orders, one dismissing an appeal for lack of jurisdiction and another granting a motion to dismiss. Here are the introductions to the opinions, text from the order dismissing the appeal for lack of jurisdiction, and a link to the order granting the motion to dismiss.

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