FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the Federal Circuit issued two en banc opinions, one in a trade case, V.O.S. Selections, Inc. v. Trump, and another in a government contract case, Percipient.ai, Inc. v. United States. Additionally, two petitions for en banc rehearing were filed in patent cases. One raises questions related to identification of real parties in interest in inter partes review proceedings. The other raises questions related to claim construction. Finally, a response was filed in opposition to a petition in another patent case raising questions related to estoppel and inter partes review. Here are the details.

Late yesterday, the Federal Circuit released three nonprecedential orders dismissing appeals in patent cases. This morning, the court released two precedential opinions. One comes in a patent case appealed from the Eastern District of Pennsylvania, and one comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Additionally, the Federal Circuit released a precedential order denying en banc review in a patent case. Notably, Chief Judge Moore and Judge Stoll concurred and Judges Dyk and Hughes dissented from the decision to deny en banc review. Finally, the court issued a nonprecedential opinion in a patent case and two nonprecedential orders, one denying a petition for a writ of mandamus in a patent case and one dismissing a case. Here are the introductions to the opinions and orders and links to the dismissals.

This morning, the Federal Circuit released three nonprecedential opinions and one nonprecedential order. One opinion addresses an argument that the Patent Trial and Appeal Board adopted erroneous constructions of claim terms. Another opinion addresses an appeal from a summary judgment holding claims invalid for lack of eligibility. The final opinion, also from a patent case, addresses the enforceability of an arbitration agreement and a finding of indefiniteness. The nonprecedential order grants a voluntary dismissal. Here are the introductions to the opinions and a link to the dismissal.