En Banc Activity / Petitions

Recent En Banc Activity

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 cases requiring fair notice of asserted grounds of invalidity in an inter partes review and minimum standards of agency decision making under the Administrative Procedure Act. The court also denied a petition for rehearing en banc in a case raising a question concerning the Patent Trial and Appeal Board’s ability to deny a petition for inter partes review based on the existence of pending litigation concerning the same patents. 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 a Federal Circuit decision upholding three patents concerning antibody treatment for migraines, another article highlighting a summary affirmance of a district court’s invalidation of a patent for ineligibility, an article about a Federal Circuit determination that the Patent Office cannot recoup expert witness fees in lawsuits filed in district court by unsuccessful patent applicants, and commentary on a recent ruling about the applicability of the Administrative Procedure Act in the context of inter partes review proceedings.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising issues related to patent eligibility. The court also received three new responses to petitions filed in two cases addressing (1) the Patent and Trademark Office’s ability to deny inter partes review based on pending litigation concerning related patents and (2) patent eligibility. Additionally, the court received an amicus brief in the case addressing the denial of inter partes review based on pending litigation. Lastly, the court denied two petitions for rehearing en banc in cases concerning claim construction and the replacement of a primary prior art reference after institution by the Patent Trial and Appeal Board. Here are the details.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Currently, with respect to the Supreme Court’s October 2021 term, the Court has not granted any petitions in cases decided by the Federal Circuit. As for pending petitions, since our last update four new petitions were filed in a patent case, a case challenging the Federal Circuit’s use of Rule 36 summary affirmances, and two pro se cases; the government submitted waivers of right to respond in four pro se cases; and the government filed a brief in opposition in a veterans case. Here are the details.

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Opinions

Opinions & Orders – July 27, 2021

This morning the Federal Circuit issued a precedential opinion in a patent case, in which the court vacated and remanded final written decisions in six inter partes review proceedings appealed from the U.S. Patent and Trademark Office. Here is the introduction to the opinion.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions this week raising issues concerning the scope of appellate review, patent eligibility, and the extent of estoppel with respect to claim constructions. Additionally, the court invited responses in two cases addressing the court’s jurisdiction and the case addressing the extent of estoppel in claim constructions. Lastly, the court denied petitions in three cases raising questions related to patent eligibility, inventorship, and the evaluation of expert opinions. Here are the details.

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Opinions

Opinions & Orders – July 14, 2021

This morning the Federal Circuit issued two precedential opinions, both affirming lower court decisions finding a lack of jurisdiction, one by the Court of Federal Claims and one by the Court of International Trade. Additionally, the Federal Circuit issued five nonprecedential opinions, one in a case appealed from the Merit Systems Protection Board, three in patent cases appealed from district courts, and one in a veteran case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. In short, it was another light week at the court, with the court denying two petitions in related pro se cases. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The court received a new petition in a patent case, which raised an issue related to the Patent and Trademark Office’s ability to deny inter partes review based on pending litigation concerning related patents. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two pro se petitions. Additionally, the court denied a petition concerning post-institution discovery rulings by the Patent Trial and Appeal Board related to real-parties-in-interest disputes. Here are the details.

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