En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Next week the court will hear oral argument in one of the two pending en banc cases. As for petitions for en banc review, the court received a new petition filed by a pro se party, and the court denied two petitions raising questions related to the critical date of prior art and the written description requirement, respectively. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Petitions

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the critical date of prior art. The court also received a response to a petition raising questions related to the written description requirement. Finally, the court denied a petition in a case raising questions related to obviousness-based inherency of claim limitations. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing how, ”[i]f cert is granted, this [patent] case will ask the nation’s highest court to clarify the written description requirement under 35 U.S.C. § 112”;
  • another article highlighting how the Federal Circuit recently ruled that inventions were unpatentable “[b]ecause the ‘patents are directed to a natural law together with conventional steps to detect or quantify the manifestation of that law’”; and
  • a third article addressing how “[t]he Federal Circuit upheld a lower court’s decision backing a jury’s noninfringement finding in a patent suit against Amazon over diaper-monitoring technology.”
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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing the Federal Circuit’s “‘most restrictive patent eligibility decision yet’”;
  • another article examining “the most notable trademark decisions so far this year”; and
  • a third article addressing how the Federal Circuit recently found that “substantial evidence supported [a] district court’s finding of anticipation” in a patent case.
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Opinions

Opinions & Orders – July 20, 2022

This morning the Federal Circuit released three nonprecedential opinions in a patent and two veterans cases. Late yesterday and today the court also released three nonprecedential orders; two transfer appeals and one dismisses an appeal. Here are the introductions to the opinions and text from the orders.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. New petitions were filed in two patent cases raising questions related to claim construction and the doctrine of equivalents. The court also denied seven petitions in patent cases raising questions related to Rule 36 judgments, injunctive relief, claim construction, awards of attorneys’ fees, eligible subject matter, deference to the Patent Trial and Appeal Board, standing, inter partes review, and enablement. Here are the details.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Telephonic oral argument is scheduled next week in an en banc veterans case, Arellano v. Wilkie. As for patent cases, petitions were filed in four cases raising questions related to an award of attorney’s fees, eligible subject matter, deference to findings of the Patent Trial and Appeal Board, and standing. In addition, a new response was filed arguing against the grant of a petition raising questions related to injunctive relief. Here are the details.

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Opinions

Opinions & Orders – January 5, 2021

This morning, the Federal Circuit issued one precedential opinion in a patent case. Additionally, the Federal Circuit issued four nonprecedential opinions: two concerning appeals from the Merit Systems Protection Board, one in a veterans case, and one in a patent case. Here are the introductions to the opinions.

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