En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include four denials of petitions for rehearing en banc in patent cases concerning questions of patent eligibility, printed publications, and inter partes review. Here are the details.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include three new petitions for rehearing filed in appeals in inter partes review proceedings decided by the Patent Trial and Appeal Board. Here are the details.

Read More
Opinions

Opinions & Orders – January 18, 2024

This morning, the Federal Circuit released one precedential opinion, two orders, and one Rule 36 summary affirmance. The precedential opinion addresses an appeal from a final written decision by the Patent Trial and Appeal Board finding claims unpatentable and denying a revised motion to amend claims. The orders are dismissals. Here is the introduction to the opinion and links to the dismissals and summary affirmance.

Read More
Opinions

Opinions & Orders – February 8, 2023

This morning the Federal Circuit released two precedential opinions. The first comes in a takings case appealed from the Court of Federal Claims. In it, the Federal Circuit affirmed a dismissal of the claim for lack of a cognizable property interest. The second comes in patent case appealed from the Patent Trial and Appeal Board. In it, the Federal Circuit affirms the Board’s denial of rehearing of two inter partes review proceedings. The Federal Circuit also released two nonprecedential orders dismissing appeals and a Rule 36 judgment. Here are the introductions to the opinions and links to the dismissals and Rule 36 judgment.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two pro se petitions. Additionally, the court denied a petition concerning post-institution discovery rulings by the Patent Trial and Appeal Board related to real-parties-in-interest disputes. Here are the details.

Read More
En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. We are still waiting for the court to issue an opinion in Arellano v. McDonough, an en banc veterans case. As for pending petitions in patent cases, highlights include new petitions concerning Patent Trial and Appeal Board termination of inter partes review proceedings, reviewability of Board discovery rulings related to real-party-in-interest disputes, the utilization of expert witnesses in district court summary judgment proceedings, and standing before the Board. Here are the details.

Read More
Opinions

Opinions & Orders – March 16, 2021

This morning, the Federal Circuit issued one precedential opinion in a veterans case. Additionally, the court issued three nonprecedential opinions in patent cases. Here are the introductions to the opinions.

Read More