En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include two new petitions raising questions about claim construction, summary judgment, and eligibility and two denials of petitions raising questions related to unclean hands and ANDA litigation. 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 analyzing “four Federal Circuit decisions reversing or vacating the underlying rulings” in patent cases and “the lessons learned from those decisions”; and
  • a webinar discussing whether the patent eligibility doctrine is “in need of reform.”
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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. Highlights include a new opinion in an en banc case addressing design patent law’s nonobviousness requirement; seven new petitions raising questions related to nonobviousness, claim construction, infringement, appellate review, and damages; and three denials of petitions raising questions related to definiteness, claim construction, infringement, licenses, and reduction to practice. Here are the details.

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Opinions

Opinions & Orders – April 12, 2024

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, one precedential order, and three nonprecedential orders. The precedential opinion addresses an appeal from judgments arising out of a bench trial in the Western District of Louisiana in a patent case.  The nonprecedential opinion affirms a decision by the Patent Trial and Appeal Board finding certain claims unpatentable for obviousness. The precedential order, which attracted amicus attention and a dissent joined by four judges, denies a sua sponte request for rehearing en banc. Two of the orders transfer cases, and one dismisses a set of appeals. Here are the introductions to the opinions, selected text from the precedential order and transfers, and link to the dismissal.

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