FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, one petition for initial en banc hearing was granted in a case decided by the Merit Systems Protection Board raising questions related to the President’s Article II removal power. Three new petitions for en banc rehearing have been filed raising questions related to burden of proving unpatentability in inter partes review proceedings, obviousness, enablement, and written description. One new response brief was filed in a case raising questions related to the domestic industry requirement. Finally, one petition was denied in a case raising a question related to Federal Rule of Evidence 702. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal from the Merit System Protection Board and one Rule 36 judgment. This morning, the court released three precedential opinions, two nonprecedential opinions, one nonprecedential order dismissing an appeal, and two Rule 36 judgments. Two of the precedential opinions came in cases appealed from the Court of Federal Claims. The third addressed a petition for review of a decision of the Merit Systems Protection Board. Notably, while Judge Reyna concurred in the panel’s decision to affirm the Merit Systems Protection Board’s dismissal of the petitioner’s appeal, he wrote separately to express his view that the governing law represented an “unjust principle.” The two nonprecedential opinions come in patent cases decided by the Patent Trial and Appeal Board. Here are the introductions to the opinions and links to the Rule 36 judgments and dismissals.