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, the court received the appellee’s supplemental brief. As for patent cases, the court received a new petition raising a question related to the ability to revise infringement contentions during litigation and denied two petitions raising questions related respectively to vacatur of a preliminary injunction and claim construction. 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 about a Federal Circuit decision “that affirmed the right of patent owners to make good faith allegations of patent infringement under the U.S. First Amendment”;
  • another article about a ban on “imports of SharkNinja Operating LLC robot vacuums that infringe a patent owned by Roomba maker iRobot Corp”; and
  • a third article discussing “three high-profile intellectual property cases” that “[t]he U.S. Supreme Court is set to weigh.”
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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 why “inventors [should be] wary of exhibiting their inventions too early”;
  • a blog post about a Federal Circuit decision finding a district court’s “preliminary injunction barring the owner of patents . . . from communicating to its customers that a competitor was infringing its patents” was an abuse of its discretion; and
  • another article about a former Sirius XM executive’s “challenge to an order compelling her to testify in a patent dispute” and the conclusion of the U.S. Court of Appeals for the D.C. Circuit that the Federal Circuit held jurisdiction over an appeal from the order.
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Opinions

Opinions and Orders – February 17, 2023

This morning the Federal Circuit released three precedential opinions. In the first, the court vacated a preliminary injunction and remanded a patent case appealed from the District of Nebraska. In the second, the Federal Circuit affirmed a judgment in a government contract case appealed from the Court of Federal Claims.  In the third, the Federal circuit affirmed a judgment in a patent case appealed from the Western District of Tennessee. The Federal Circuit also released two nonprecedential opinions. In the first, the court reversed-in-part, vacated-in-part, and remanded a patent case appealed from the District of Utah. In the second, the Federal Circuit affirmed another judgment in a patent case, this one appealed from the Southern District of Indiana. Here are the introduction to the opinions.

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