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 a new petition raising issues related to patent eligibility. The court also received three new responses to petitions filed in two cases addressing (1) the Patent and Trademark Office’s ability to deny inter partes review based on pending litigation concerning related patents and (2) patent eligibility. Additionally, the court received an amicus brief in the case addressing the denial of inter partes review based on pending litigation. Lastly, the court denied two petitions for rehearing en banc in cases concerning claim construction and the replacement of a primary prior art reference after institution by the Patent Trial and Appeal Board. Here are the details.

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Opinions

Opinions & Orders – June 17, 2021

This morning the Federal Circuit issued a precedential opinion in an en banc veterans case. The court unanimously held that equitable tolling is not available in this particular case, but disagreed by an equal vote on the reasoning supporting this judgment. In particular, the judges disagreed as to the general question of whether equitable tolling is available with respect to the effective date of an award of disability compensation to a veteran pursuant to 38 U.S.C. ยง 5110(b)(1). The court also issued a nonprecedential opinion in a patent case appealed from the United States Patent and Trademark Office’s Patent Trial and Appeal Board, affirming the Board over a partial dissent by Judge Prost. Here are the introductions to the opinions.

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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 four new petitions this week, addressing issues of claim construction, the replacement of a primary prior art reference after institution by the Patent Trial and Appeal Board, the evaluation of patent eligibility, and contractual patent ownership. The court also received a response to a petition that raised a question related to the power of the Patent Trial and Appeal Board to terminate an instituted proceeding on the eve of a merits-based final written decision. Here are the details.

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Opinions

Opinions & Orders – May 6, 2021

This morning, the Federal Circuit released a nonprecedential opinion in a patent infringement case and five summary affirmances under Federal Circuit Rule 36. Here is the introduction to the opinion and a list of the summary affirmances.

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