Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the proper interpretation of a forum selection clause and whether it impacts inter partes review. The court also invited a response and received three new amicus briefs in a case that raised a question related to the written description requirement. Finally, the court denied three petitions raising questions relating to the Patent Trial and Appeal Board’s analysis of the non-obviousness requirement, inter partes review estoppel, and the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding. Here are the details.
Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to the inducement doctrine’s interaction with Hatch-Waxman Amendments, the Patent Trial and Appeal Board’s analysis of the non-obviousness requirement, and venue. The court also denied two petitions for rehearing en banc raising questions related to anticipation, the evidentiary basis of an invalidity finding, and the proper standard of review of agency determinations. Here are the details.
Today the Federal Circuit issued one precedential opinion in a patent case, one precedential opinion in an international trade case, one precedential opinion in an IRS case, and one nonprecedential Rule 36 judgment. Here are the introductions to the opinions and a list of the Rule 36 judgments.
Last week the Federal Circuit heard oral arguments during its September sitting in Washington DC. Here is a short recap of Fraunhofer-Gesellschaft v. Sirius XM Radio Inc., one of the argued cases we’re following.
This week the Federal Circuit will hold 11 panel hearings and hear oral arguments in about 41 cases. Notable cases include Sanofi-Aventis Deutschland v. Mylan Pharmaceuticals Inc., Fraunhofer-Gesellschaft v. Sirius XM Radio Inc., Intellectual Ventures I LLC v. EMC Corp., and Keith Manufacturing Co. v. Butterfield.