FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, three new petitions for en banc rehearing have been filed. These petitions raise questions related to claim construction and the Administrative Procedure Act. Additionally, the Federal Circuit denied a petition for en banc rehearing that raised a question related to sanctions. Here are the details.

Late yesterday, the Federal Circuit released two nonprecedential orders dismissing appeals. This morning, the court released two precedential opinions and five nonprecedential opinions. One of the precedential opinions comes in a patent infringement case and, notably, includes an opinion concurring-in-part and dissenting-in-part. The other precedential opinion comes in an appeal of a decision of the Merit Systems Protection Board. Three of the five nonprecedential opinions come in patent cases; one comes in an appeal from the Court of Appeals for Veterans Claims; and the other comes in an appeal of a decision of the Armed Services Board of Contract Appeals. Here are the introductions to the opinions and links to yesterday’s dismissals.

This morning, the Federal Circuit released four nonprecedential opinions. Two arose from challenges to decisions of the Merit Systems Protection Board. One came in a pro se appeal from a decision of the Court of Federal Claims. The final opinion addressed an appeal from a decision of the Court of Appeals for Veterans Claims. The Federal Circuit also released one Rule 36 summary affirmance, three nonprecedential orders dismissing appeals, and one nonprecedential order granting summary affirmance. Here are the introductions to the opinions and order granting summary affirmance, as well as links to the Rule 36 judgment and dismissals.