Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing have been filed raising questions related to eligibility and Article III standing; two amicus briefs were filed in case raising questions related to obviousness and apportionment of damages; a panel granted in part a petition for panel rehearing; and the court denied two petitions for en banc rehearing raising questions related to obviousness and another petition filed pro se. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing were filed raising questions related to eligibility and design-patent infringement; the court issued an invitation for a response to a petition raising questions related to obviousness and apportionment of damages; and a response was filed to a petition raising questions related to obviousness. The Federal Circuit also denied one petition for en banc rehearing in a Lanham Act case. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing were filed in patent cases raising questions related to obviousness and apportionment; the court issued two invitations for responses in patent cases raising questions related to obviousness and de minimis infringement; and the court denied a petition raising questions related to judicial estoppel and appellate procedure. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Since our last update, two petitions for en banc rehearing have been filed with the Federal Circuit in patent cases, raising questions related to judicial estoppel, appellate procedure, and obviousness. The Federal Circuit also denied a petition for en banc rehearing in a pro se case. Here are the details.
Opinions & Orders – January 27, 2026
Late yesterday, the Federal Circuit released a nonprecedential opinion in an appeal of a decision of the Merit Systems Protection Board. This morning, the Federal Circuit released two nonprecedential opinions, two nonprecedential orders, and an errata. One of the opinions comes in another appeal of a decision of the Merit Systems Protection Board; the other comes in an appeal of a decision of the Court of Appeals for Veterans Claims. Both orders deny petitions for writs of mandamus. One of the petitions sought to order the Merit Systems Protection Board to order discovery and sanction an agency. The other petition sought to order the Patent and Trademark Office to vacate a denial of its petition for inter partes review. Here are the introductions to the opinions and orders along with a link to the errata.
Opinions & Orders – January 23, 2026
This morning, the Federal Circuit released four nonprecedential opinions and one nonprecedential order. Two of the opinions come in patent cases, one appealed from the Patent Trial and Appeal Board and one appealed from a district court. The third opinion comes in a pro se appeal of a decision of the Court of Federal Claims. The fourth opinion comes in an appeal of a decision of the Merit Systems Protection Board. The order transfers an appeal. Here are the introductions to the opinions and a link to the order.
