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, raising questions related to claim construction, patent eligibility, and appellate procedure. The court also denied four petitions for en banc rehearing. Those petitions raised questions related to the presumption of validity and the written description requirement, Rule 36, attorneys’ fees, and obviousness, and claim construction. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing were filed, one raising questions related to claim construction and Rule 36 summary affirmances and one raising questions related to awards of attorneys’ fees and obviousness. The Federal Circuit also denied petitions for en banc rehearing in two cases, one raising a question related to claim construction and one raising questions related to Rule 36 summary affirmances. Here are the details.
Opinions & Orders – September 12, 2025
Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. Both opinions come in patent cases. One of the orders dismisses an appeal, while the other orders come in appeals from the Patent and Trademark Office and the Merit Systems Protection Board. Here are the introductions to the opinions and orders other than dismissals, along with links to the dismissals.
