En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new responses to three petitions raising questions relating to the authority of the International Trade Commission, the statutory experimental use exception to infringement liability, and the use of comparable licenses to calculate damages awards. The court also received two new amicus briefs supporting a petition relating to attorney fees and invited a response to the same petition. Finally, the court denied three petitions raising issues related to design patent law’s nonobviousness requirement, the statutory experimental use exception to infringement liability, and personal jurisdiction. Here are the details.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions filed in cases raising questions about means-plus-function claims, patent eligibility, and attorneys’ fees. The court also denied a petition for en banc rehearing in a patent case raising questions about damages, Federal Rule of Civil Procedure 60(b), and procedure. Here are the details.

Read More
Panel Activity

Update on Important Panel Activity

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight two new opinions in two patent cases and one new case that attracted an amicus brief in another patent case. We also highlight new briefing in three patent cases as well as recent oral arguments in a veterans case and two patent cases. Here are the details.

Read More
En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include two new petitions raising questions concerning a court’s responsibility to scrutinize a patentee’s reliance on supposedly comparable licenses and claim construction matters. The court also denied two petitions raising questions related to claim construction and summary judgment. Here are the details.

Read More
Opinions

Opinions & Orders – July 18, 2024

This morning the Federal Circuit released two precedential opinions and five nonprecedential opinions. The first precedential opinion dismisses an appeal from the Court of Appeals for Veterans Claims, while the second affirms a judgment of the Eastern District of Texas in a patent infringement case. Four of the nonprecedential opinions all affirm judgments of the Patent Trial and Appeal Board, while the fifth affirms a judgment of the Court of Federal Claims in a government contract case. Here are the introductions to the opinions.

Read More
Opinions

Opinions & Orders – July 15, 2024

This morning the Federal Circuit released one precedential opinion, one nonprecedential opinion, one nonprecedential order, and three Rule 36 judgments. The precedential opinion affirms a judgment of the Court of International Trade, while the nonprecedential opinion affirms a judgment of the Court of Federal Claims. The order is a dismissal. Here are the introductions to the opinions and links to the order and Rule 36 judgments.

Read More
Opinions

Opinions & Orders – July 3, 2024

This morning the Federal Circuit released two nonprecedential opinions and one nonprecedential order. The first opinion affirms a judgment of a district court in a patent infringement case. The second affirms another judgment of a district court in another patent infringement case. The order is a dismissal. Here are the introductions to the opinions and a link to the order.

Read More
Panel Activity

Update on Important Panel Activity

Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today with respect to these cases we highlight one new opinion in a veterans case and four new cases that attracted amicus briefs: a veterans case and three patent cases. We also highlight new briefing in two patent cases as well as recent oral arguments in a trademark case and veterans case. Here are the details.

Read More
Opinions

Opinions & Orders – June 5, 2024

This morning the Federal Circuit released one nonprecedential opinion, four nonprecedential orders, and five nonprecedential Rule 36 judgments. The opinion dismisses an appeal in a pro se case for lack of jurisdiction. All of the orders are dismissals. Here is the introduction to the opinion and links to the orders and summary affirmances.

Read More
Opinions

Opinions & Orders – June 3, 2024

This morning the Federal Circuit released one precedential opinion and four nonprecedential orders. The opinion affirms a judgment of the Western District of Texas in a patent case. All four orders are dismissals. Here is the introduction to the opinion and links to the orders.

Read More