FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the en banc court issued an order granting an immediate administrative stay of judgments and permanent injunctions. As for the two pending en banc cases, the court will hear oral argument next week in one, a government contract case, and the court received an amicus brief in the other, which raises questions related to statutory interpretation and agency deference. As for pending petitions, since our last update the court received five new petitions, three in patent cases, one in a case raising questions related to statutory interpretation, and one in a pro se case. In addition, a response has been filed to a petition in a patent case raising a question related to collateral estoppel. The court also denied two petitions for en banc rehearing in a patent case and a pro se case. Here are the details.

This morning the Federal Circuit released a precedential opinion in a patent case appealed from the Western District of Texas. In the opinion, the Federal Circuit explains why it affirms a judgment of invalidity for indefiniteness. The court also released two nonprecedential opinions, one in a patent case appealed from the Patent Trial and Appeal Board and one in a patent case appealed from the Northern District of California. In the case appealed from the Northern District of California, the Federal Circuit affirms a judgment of invalidity for lack of eligibility. The court also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.