FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit has invited a response to a petition raising a question related to claim construction and preambles; one new response has been filed to a petition that raises a question related to the presumption of validity and the written description requirement; and three petitions for en banc rehearing have been denied in cases raising questions related to ineligibility, claim construction, and prosecution history estoppel. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the en banc court heard oral argument in Lesko v. United States, an employment law case. Additionally, four new en banc petitions have been filed in patent cases raising questions related to the presumption of validity, eligibility, and claim construction. A new response was filed in a case concerning the appropriate test for design-patent infringement. Finally, the court denied petitions for en banc rehearing in two patent cases. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released an en banc precedential opinion and two nonprecedential opinions. The en banc opinion addresses the law governing standing to file a bid protest in a government contract dispute. Judge Hughes authored the majority opinion on behalf of himself and six other judges. Notably, Judge Hughes authored a dissenting opinion that was joined by three other judges. The nonprecedential opinions come in two patent cases, one appealed from a district court and one from the Patent Trial and Appeal Board. Here are the introductions to the opinions and link to the dismissal.