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 has been filed, raising a question related to the court’s ability to decide the adequacy of written description without deferring to a jury’s verdict; one new amicus brief was filed in support of a petition that raised a question related to venue; and, finally, the court denied two petitions for en banc rehearing one in a pro se case and the other that raised questions related to what qualifies as prior art and the Administrative Procedure Act. 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, 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.
Opinions & Orders – November 24, 2025
This morning, the Federal Circuit released one nonprecedential opinion and five nonprecedential orders. The opinion comes in a pro se appeal of a dismissal of a complaint against the Patent and Trademark Office. One of the orders denies a petition for a writ of mandamus seeking to transfer patent cases; one transfers a case to a federal district court; the third grants a motion to remand a patent case to a district court; and the last two dismiss appeals. Here are the introductions to the opinion and first three orders and links to the dismissals.
