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 recently denied two petitions. One raised questions related to the notice required to collect damages for infringement. The other raised a question related to the appropriate timing of a notice of an interlocutory appeal. Here are the details.

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Opinions

Opinions & Orders – December 23, 2021

This morning the Federal Circuit issued a nonprecedential order denying a petition for panel rehearing and en banc rehearing. The petition comes in a patent case appealed from the District of New Jersey. Notably, Judge O’Malley wrote a dissenting opinion, and Judge Newman dissented without opinion. Here are the introductions to the order and the dissenting 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 the only pending en banc case, a veterans case, five new amicus brief were filed in support of the appellant. As for requests for rehearing en banc in patent cases, the court received four new petitions raising questions relating to patent eligibility and claim construction. The court also invited a response to a petition that raised questions concerning the court’s handling of petitions for writs of mandamus seeking transfer in patent cases. Finally, the court received a response to a petition raising a question related to the appropriate timing of a notice of an interlocutory appeal. Here are the details.

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