FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court issued an en banc opinion in a patent case. Additionally, two new en banc petitions were filed. The first raises claim construction questions and the second was filed pro se. The Federal Circuit also invited a response to a petition raising a question related to collateral estoppel, and a new response was filed in opposition to an en banc brief. One amicus brief was also filed with the Federal Circuit. Lastly, the court recently denied five petitions for en banc rehearing. Here are the details.

Late yesterday and today the Federal Circuit released one precedential and two nonprecedential opinions. All come in patent cases. The precedential opinion affirms a district court’s decision to delist patents from the Orange Book because the patents “contain no claim for the active ingredient at issue” but instead “are directed to components of a metered inhaler device.” The nonprecedential opinions affirm a judgment of patent infringement and damages by a district court and affirm a judgment of invalidity by the Patent Trial and Appeal Board. The Federal Circuit also released three nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.