En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the court received the appellant’s supplemental brief. As for patent cases, the court received a new petition raising questions related to patent eligibility. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • a blog post about a Federal Circuit decision finding “an isolated form of vitamin B3″ to be “unpatentable subject matter under Section 101”;
  • an article about Optis Cellular urging the Federal Circuit “not to reverse a Texas federal jury’s nine-figure infringement judgment against Apple, Inc.”; and
  • another article about the Federal Circuit “reviv[ing] a long-running infringement lawsuit Bard brought against Pennsylvania-based Medical Components Inc.”
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Opinions

Opinions & Orders – February 13, 2023

This morning the Federal Circuit released three precedential opinions. The first comes in a takings case appealed from the Court of Federal Claims. In it, the Federal Circuit reversed the Claims Court’s finding that the property interests at issue were easements. The second comes in patent case appealed from the Western District of Wisconsin. In it, the Federal Circuit reversed the district court’s construction of a specific term, vacated the district court’s grant of summary judgment with respect to one patent, and affirm the district court’s grant of summary judgment with respect to another patent. The third comes in a patent case appealed from the District of Delaware. In it, the Federal Circuit affirmed the district court’s finding of lack of eligibility. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from Patent Trial and Appeal Board. Finally, the Federal Circuit released a nonprecedential order dismissing an appeal.

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