Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include the only pending en banc case reaching oral argument, a new petition for rehearing regarding literal infringement, and a denial of a petition raising a question concerning the meaning of an alleged “coined term.” Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition for rehearing concerning the standard of determining whether a claim is a “coined term” and two denials. Here are the details.
Opinions & Orders – November 1, 2023
This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion addresses a challenge to a claim construction order in a patent case. The nonprecedential opinion reviews a judgment of the Merit Systems Protection Board relating to alleged retaliatory action for whistleblowing, and the court’s judgment sparked a vigorous dissent by Judge Newman. Finally, the order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.