Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in six cases raising questions relating to design patent claim construction, damages, claim construction, eligibility, inequitable conduct, non-obviousness, joinder, and deference to Precedential Opinion Panels; three requests for responses to petitions raising questions related to venue, eligibility, non-obviousness, and claim construction; and the denial of six petitions raising issues including the Appointments Clause, claim construction, prosecution history estoppel, and damages. Here are the details.
Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights the Federal Circuit’s denial of en banc rehearing in Arthrex, a Federal Circuit decision upholding a $268 million award in favor of the Alfred Mann Foundation for Scientific Research, and a recent Federal Circuit decision reviewing jury instructions defining the “ordinary observer” in design patent cases.