FedCircuitBlog

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.

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 the weight given to expert witness testimony during claim construction, the evidentiary basis of an invalidity finding, and the proper standard of review of agency determinations pursuant to Securities Exchange Commission v. Chenery Corp., 332 U.S. 194 (1947). The court also received a response to a petition for rehearing en banc concerning deference to the Patent Trial and Appeal Board. The court also denied a petition for rehearing en banc in a case raising questions relating to patent eligibility. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a veterans case over a dissent by Judge O’Malley. The court also issued two nonprecedential opinions, one in an appeal from the Court of Federal Claims and the other in an appeal from a determination of the International Trade Commission in a patent dispute. Additionally, the court issued a nonprecedential order unsealing its opinion in the appeal from the International Trade Commission. Here are the introductions to the opinions and the order.