Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to patent eligibility and inter partes review estoppel. 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:
- an article about a recent Federal Circuit decision addressing estoppel in inter partes review patent proceedings;
- an article discussing another recent decision in which an “Endo International Plc subsidiary failed to convince the Federal Circuit that a generic version of its bestselling blood-pressure drug infringed its patents”;
- a third article summarizing another recent decision invoking “the rule prohibiting recapture of subject matter surrendered during prosecution” following an amendment “to overcome a § 101 patent eligibility rejection.”
This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Western District of Texas. The Federal Circuit reversed-in-part, affirmed-in-part, and remanded. It reversed as to a specific claim, concluding that the district court erred in not applying inter partes review estoppel under 35 U.S.C. § 315(e)(2) as to that claim. It affirmed the district court’s denial of the plaintiff’s request to amend its selection of asserted claims to add claims not at issue in the inter partes review. Here is the introduction to the opinion.