Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include four new petitions related to administrative law, enablement, collateral estoppel, and the doctrine of equivalents; two responses to petitions related to patent eligibility and transfer; one new amicus brief in support of a petition concerning non-obviousness; and the denial of three petitions related to non-obviousness, enablement, written description, and statutory experimental use. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions in three cases raising questions related to transfer motions, licenses, and the constitutionality of the appointment of Administrative Patent Judges, two responses to petitions raising questions related to the knowledge of one of ordinary skill in the art and the constitutionality of the appointment of Administrative Patent Judges, and the denial of a motion for en banc reconsideration in a case that raised arguments related to the constitutionality of the appointment of Administrative Patent Judges. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Notably, much of the activity relates in some way to Arthrex, Inc. v. Smith & Nephew, Inc. Highlights include three new petitions (including two petitions raising questions related to waiver of arguments similar to those made in Arthrex), a response in opposition to a petition also making arguments raised in Arthrex, briefing on a motion raising arguments related to Arthrex, requests for responses in three cases (including, notably, Arthrex itself), and the denial of two petitions raising questions related to patent eligibility. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions (on whether Arthrex should be applied to cases pending on appeal at the time it was decided, and whether the PTAB must consider arguments not made or adopted by examiners), an amicus brief, and three denials of petitions. Here are the details.
Today’s Opinions – November 8, 2019
This morning the Federal Circuit issued three precedential opinions in a patent case, an international trade case, and a case affirming the Court of Federal Claims. The court also issued three nonprecedential opinions: two in patent cases and one in another case affirming the Court of Federal Claims. Finally, the court issued five Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.