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 in a case raising questions about claim construction. The court also denied three petitions in cases that raised questions about inter partes review petitions, claim construction, and eligibility. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new briefs filed in the only pending en banc case, which relates to the President’s Article II removal powers. As for pending petitions, four new petitions were filed in cases raising questions relating to claim construction, appellate procedure, and petitions for inter partes review. The court also denied one petition raising issues regarding claim construction and appellate procedure. Here are the details.
Opinions & Orders – July 23, 2026
Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released two nonprecedential opinions and seven nonprecedential orders. One of the nonprecedential opinions comes in a case involving sanctions appealed form the Central District of Illinois, and the other opinion comes in a patent case appealed from the Central District of California. One of the nonprecedential orders summarily affirms an appeal from the Court of Federal Claims, one comes in response to a patent case appealed form the International Trade Commission, two come in response to petitions to review final decisions of the Merit Systems Protection Board, and three dismiss appeals. Here are the introductions to the opinions and the orders other than dismissals, as well as links to the dismissals.
