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 assignments of patents and standing and a new response to a petition raising questions related to claim construction and the written description requirement. The court also requested a reply from a petitioner in support of its combined petition, which raised questions related to the Appointments Clause. Finally, the court denied two petition raising questions related to the standard of review for a grant or denial of a preliminary injunction and claim construction. 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 new petitions raising questions related to the written description requirement and the standard of review for the grant or denial of a preliminary injunction. The court also invited a response to a petition raising a question related to the written description requirement. Here are the details.

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Opinions

Opinions & Orders – December 28, 2021

This morning the Federal Circuit issued two precedential opinions in patent cases appealed from the Patent Trial and Appeal Board. The first opinion vacates a board decision for failure to tie its construction of a claim term to the patent’s specification. The second opinion affirms in part and vacates in part board determinations of unpatentability. The court also released two nonprecedential opinions. The first comes in a patent case appealed from the Eastern District of Missouri. The second comes in veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions.

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