Here is an update on recent en banc activity at the Federal Circuit. Last week the court heard oral argument in the en banc veterans case. As for petitions in patent cases, highlights include a new petition raising a question related to claim construction; new responses to petitions raising questions related to inter partes review and Rule 36 summary affirmances; a new invitation to respond to a petition raising questions related to deference to the Patent Trial and Appeal Board; a new amicus brief in a case raising questions related to inter partes review; and the denial of two petitions raising questions related to patent eligibility and transfer of venue. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions in two cases raising questions related to the presumption of validity, motions for attorneys fees, and the propriety of Rule 36 judgments in cases appealed from the U.S. Patent and Trademark Office; a new response to a petition raising a question related to patent eligibility; a new amicus brief in a case raising questions related to venue and Hatch-Waxman; and the denial of a petition in a pro se case. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit. We have activity to report in both of the court’s two pending en banc veterans cases: a unanimous opinion in one and the filing of the appellant’s reply brief in the other. In patent cases with petitions for en banc rehearing, six new petitions have been filed raising questions related to patent eligibility, claim construction, due process, inducement of infringement in the context of Hatch-Waxman, and venue in the context of Hatch-Waxman. The court has also issued invitations for responses to petitions in two cases raising questions related to patent eligibility and intervention. And the court has denied three petitions raising questions related to obviousness, infringement and claim construction. Here are the details.
Opinions & Orders – October 8, 2020
This morning the Federal Circuit issued three nonprecedential opinions: two involving appeals from the Merit Systems Protection Board and one in a patent infringement case. Here are the introductions to the opinions.