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 assignments of patents and standing and a new response to a petition raising questions related to claim construction and the written description requirement. The court also requested a reply from a petitioner in support of its combined petition, which raised questions related to the Appointments Clause. Finally, the court denied two petition raising questions related to the standard of review for a grant or denial of a preliminary injunction and claim construction. 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. Recently the Federal Circuit granted en banc review in one veterans case, and last week the en banc court heard oral argument in another veterans case. As for petitions for en banc review in patent cases, the court invited a response to a petition raising a question related to claim construction. The court also received three new responses to petitions raising questions related to the Appointments Clause, claim construction, and the written description requirement. Finally, the court denied a petition raising questions related to the inducement doctrine’s interaction with the Hatch-Waxman Amendments. 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. Last week the court granted en banc reharing in a veteran’s case, and tomorrow the en banc court will hear oral argument in another veteran’s case. As for patent cases, the court received two new responses to petitions raising questions related to the Appointments Clause and the written description requirement, and the court invited a response to a petition raising questions related to conflicts of interest and due process. Finally, in another patent case the court received a new amicus brief supporting a petition raising a question related to 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 how recently “the Federal Circuit denied a petition for mandamus relief from an order transferring a first-filed declaratory judgment action”;
  • another article explaining how “AstraZeneca has urged the US Court of Appeals for the Federal Circuit to revisit a split panel decision”;
  • another article detailing how a “Federal Circuit judge said Thursday the U.S. Supreme Court justices created ‘a trap for the unwary’ by keeping alive a doctrine barring inventors from challenging the validity of their own patents”; and
  • yet another article assessing how the Federal Circuit recently “address[ed] [the] ‘abuse of authority’ standard under [federal] whistleblower law.”
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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 claim construction, conflict of interest, due process, inducement of infringement, and an evidentiary rule. The court invited a response to a petition raising questions related to the written description requirement. In the same case, the court received three new amicus briefs supporting rehearing. Here are the details.

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Opinions

Opinions & Orders – December 8, 2021

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Northern District of West Virginia. In the opinion, based on a changed claim construction the court vacated a judgment of noninfringement, but the court also affirmed a determination of nonobviousness. Judge Taranto dissented in part based on disagreement with the Federal Circuit’s claim construction. The court also released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board and another nonprecedential opinion in a pro se case. Here are the introductions to the opinions.

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