Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing have been filed raising questions related to eligibility and Article III standing; two amicus briefs were filed in case raising questions related to obviousness and apportionment of damages; a panel granted in part a petition for panel rehearing; and the court denied two petitions for en banc rehearing raising questions related to obviousness and another petition filed pro se. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing were filed in patent cases raising questions related to obviousness and apportionment; the court issued two invitations for responses in patent cases raising questions related to obviousness and de minimis infringement; and the court denied a petition raising questions related to judicial estoppel and appellate procedure. Here are the details.
Opinions & Orders – January 23, 2026
This morning, the Federal Circuit released four nonprecedential opinions and one nonprecedential order. Two of the opinions come in patent cases, one appealed from the Patent Trial and Appeal Board and one appealed from a district court. The third opinion comes in a pro se appeal of a decision of the Court of Federal Claims. The fourth opinion comes in an appeal of a decision of the Merit Systems Protection Board. The order transfers an appeal. Here are the introductions to the opinions and a link to the order.
Opinions & Orders – June 10, 2024
This morning the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The opinion affirms a judgment of the Merit Systems Protection Board, and all the orders are dismissals. Here is the introduction to the opinion and links to the orders.
Opinions & Orders – May 5, 2023
This morning, the Federal Circuit released a precedential opinion affirming the judgment of the Court of Appeals for Veterans Claims in a veterans case. Notably, Judge Dyk concurred with the majority. The Federal Circuit also released two nonprecedential opinions, both in patent cases. Finally the court released three nonprecedential orders summarily affirming judgments. Here are the introductions to the opinions and links to the summary affirmances.
Opinions & Orders – February 9, 2023
This morning the Federal Circuit released two nonprecedential opinions. The first comes in a case appealed from the Court of Federal Claims; the second comes in a case appealed from the Merit Systems Protection Board. The Federal Circuit also released two Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.
