FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Highlights include the filing of the opening brief in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs, in which the Federal Circuit granted a petition for initial hearing en banc to address two questions related to jurisdiction and veterans law. As for petitions in patent cases, highlights include a new petition raising questions related to restriction requirements and patent term adjustments; a new response to a petition raising questions related to obviousness; a new invitation for a response to a petition raising questions related to injunctive relief; and the denial of three petitions raising questions related to claim construction, prevailing party status, and forum selection clauses. Here are the details.

• Full Federal Circuit Will Consider Court Review of VA Rules – The Federal Circuit will consider whether it lacks jurisdiction to review interpretive rules in the VA’s administrative staff manual.
• CAFC Issues Another Precedential Decision on Standing – In a recent opinion, the Federal Circuit addressed standing requirements regarding IPRs.
• Federal Circuit Sinks Another Attempt to Use PTO Guidance – The Federal Circuit makes clear that it does not apply USPTO guidance when determining subject matter eligibility.

Here’s the latest.

This morning the Federal Circuit granted the National Organization of Veterans Advocates’s petition for initial hearing en banc in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. NOVA requested its initial hearing to be conducted by the full court to consider two questions related to veterans law. In short, the court agreed. Here are the details.