En Banc Activity / Featured

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, one raising questions related to claim construction and Rule 36 summary affirmances and one raising questions related to awards of attorneys’ fees and obviousness. The Federal Circuit also denied petitions for en banc rehearing in two cases, one raising a question related to claim construction and one raising questions related to Rule 36 summary affirmances. Here are the details.

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Opinions

Opinions & Orders – September 5, 2025

This morning, the Federal Circuit released four nonprecedential opinions, a nonprecedential order, and three Rule 36 judgments. All four of the opinions are per curiam and come in pro se cases. Two of the opinions come in appeals from the Merit Systems Protection Board; one is an appeal from the Patent and Trademark Office; and one is an appeal from the Court of Appeals for Veterans Claims. The nonprecedential order summarily affirms a district court decision in a patent case. Here are the introductions to the opinions and the nonprecedential order as well as links to the Rule 36 judgments.

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Opinions

Opinions & Orders – October 17, 2024

Yesterday evening, the Federal Circuit released two nonprecedential opinions, two orders, and three Rule 36 judgments. The first nonprecedential opinion comes in a patent case appealed from the Central District of California, while the second comes in a case appealed from the Merit Systems Protection Board. The orders are dismissals. Here are the introductions to the opinions, links to the Rule 36 judgments, and links to the dismissals.

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Opinions

Opinions & Orders – October 6, 2023

This morning, the Federal Circuit released two precedential opinions, one nonprecedential opinion, three nonprecedential orders, and two Rule 36 judgments. The precedential opinions address appeals from judgements of the Patent Trial and Appeal Board related to the patentability of claims. The nonprecedential opinion addresses an appeal from a judgment in a patent case decided by a Texas district court. One nonprecedential order transfers a case, and two are dismissals. Here are the introductions to the opinions, text from the transfer order, and links to the dismissals and Rule 36 judgments.

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