FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit issued an en banc opinion in a case addressing federal employment law. There also have been four new petitions for en banc rehearing asking questions related to contract interpretation, standing, prior art, and sanctions and fee awards. The Federal Circuit also denied three petitions for en banc rehearing in patent cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed, raising a question regarding claim construction; one new response was filed in another case raising a different question regarding claim construction; and the Federal Circuit denied two petitions for en banc rehearing, both raising questions related to transfer. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:

• an article detailing how Judge Newman “asked the full D.C. Circuit to reconsider her constitutional challenge to the law her colleagues used to suspend her from hearing new cases”;
• a blog post reflecting on how former Federal Circuit Judge O’Malley recently “offered insights into . . . the evolving patent law”; and
• a blog post suggesting the Federal Circuit took “a different analytical path” in a recent decision “focusing on the claim limitation ‘clinically proven effective.’”

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the Federal Circuit released a precedential opinion and a nonprecedential order. The opinion comes in an appeal from the Patent Trial and Appeal Board. The order is a dismissal. Here is the introduction to the opinion along with links to the dismissals.