Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a grant of en banc rehearing to address a damages experts’ reliance on comparable licenses. In addition, three new petitions raise questions concerning inducement of infringement and skinny-labeling, the effect of a remand overturning a holding on which Patent Owner relied in drafting its amended claims, the written description requirement, and obvious-type double patenting. Related to these new petitions, we also report on a new response, a new reply, and three new amicus briefs. Here are the details.
Opinions & Orders – August 13, 2024
This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, one Rule 36 judgment, and four nonprecedential orders. The first precedential opinion reverses a judgment of the District of Delaware in a patent case, while the second grants a petition for panel rehearing in a trade case appealed the Court of International Trade. The first nonprecedential opinion dismisses an appeal for lack of jurisdiction, while the second affirms a decision of the Merit Systems Protection Board. All of the nonprecedential orders are dismissals. Here are the introductions to the opinions and links to the Rule 36 judgment and orders.
Opinions & Orders – February 20, 2024
This morning, the Federal Circuit released four nonprecedential opinions and two nonprecedential orders. Two of the opinions dismiss appeals from the Court of Appeals for Veterans Claims for lack of jurisdiction. The other two opinions address appeals from final written decisions of the Patent Trial and Appeal Board, which found certain patent claims unpatentable. The two orders deny petitions for writs of mandamus. Here are the introductions to the opinions and selected text from the orders.