En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In a pending en banc case raising questions related to whether on-the-job exposure to the recent novel coronavirus entitled federal correctional officers to additional pay pursuant to various federal statutes, the appellant filed his en banc reply brief. As for petitions in patent cases, the court received a new petition raising a question related to anticipation and two responses to a petition raising questions related to patent eligibility. The court also denied three petitions raising questions related the standard for an award of attorneys’ fees, inter partes review estoppel, and assignor estoppel. 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 a new petition raising a question related to the standard for an award of attorneys’ fees. The court also invited a response to a petition raising questions related to patent eligibility. 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. The court received an amicus brief supporting rehearing in a case raising questions related to patent eligibility. The court also denied two petitions, one raising questions related to claim construction and another filed by a pro se party. 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 patent eligibility and inter partes review estoppel. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing how many patent lawyers “interviewed . . . by The Texas Lawbook said that it is a mistake and miscarriage of justice to strip patent cases away from Judge Albright”;
  • a blog post addressing how the “prior art history [of diagnostic patents] is irreconcilable with” a Federal Circuit panel’s conclusion that the patents are ineligible; and
  • another article explaining how U.S. Senator “Tillis [plans] to introduce 101 reform legislation within weeks.”
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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing how, ”[i]f cert is granted, this [patent] case will ask the nation’s highest court to clarify the written description requirement under 35 U.S.C. § 112”;
  • another article highlighting how the Federal Circuit recently ruled that inventions were unpatentable “[b]ecause the ‘patents are directed to a natural law together with conventional steps to detect or quantify the manifestation of that law’”; and
  • a third article addressing how “[t]he Federal Circuit upheld a lower court’s decision backing a jury’s noninfringement finding in a patent suit against Amazon over diaper-monitoring technology.”
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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing the Federal Circuit’s “‘most restrictive patent eligibility decision yet’”;
  • another article examining “the most notable trademark decisions so far this year”; and
  • a third article addressing how the Federal Circuit recently found that “substantial evidence supported [a] district court’s finding of anticipation” in a patent case.
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Opinions

Opinions & Orders – July 18, 2022

This morning the Federal Circuit released three precedential opinions. The first comes in a patent case appealed from the District of Delaware; the second comes in a veterans case appealed from the Court of Appeals for Veterans Claims; and the third comes in a government contract case appealed from the Court of Federal Claims. The Federal Circuit also released two nonprecedential opinions. The first comes in a patent case appealed from the Patent Trial and Appeal Board; the second comes in another patent case appealed from the District of Delaware. Notably, in the second patent case, Judge Newman dissented. Finally, the Federal Circuit released four nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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