Panel 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 four new responses to petitions raising questions related to choice of law, forum selection clauses, and injunctive relief; the process and standard for determining indefiniteness; and the standard for granting a motion to seal court records. The court also denied two petitions raising questions related to the on sale bar and claim construction. 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 three new petitions raising questions related to estoppel arising from inter partes review, the legal standard for overruling prior precedential decisions, claim construction, and the standard for the Patent Trial and Appeal Board to evaluate substitute claims and a motion to amend claims. The court also invited responses to four petitions raising questions related to the presumption of nexus in a non-obviousness analysis; the process and standard for determining indefiniteness; and choice of law, forum selection clauses, and injunctive relief. Finally, the court denied a petition raising questions related to the assignment of patents and standing. 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 questions related to the process and standard for determining indefiniteness. The court also received an amicus brief in support of a petition raising questions related to the standard for granting a motion to seal court records. Finally, the court received a reply in support of a motion to expedite issuance of the mandate in a case raising questions related to choice of law, forum selection clauses, and injunctive relief. 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:

  • a blog post “assessing responses to the PTO’s 2021 patent eligibility study”;
  • another blog post explaining how the Federal Circuit vacated and remanded an International Trade Commission decision in a patent case based on an abuse of discretion in admitting expert testimony;
  • an article discussing how the Federal Circuit recently reversed a decision of the United States District Court for the Northern District of California to invalidate patent claims for indefiniteness; and
  • another article detailing how “Qualcomm Inc. convinced the Federal Circuit that the U.S. Patent and Trademark Office improperly invalidated parts of its semiconductor patent based on admissions made in the patent itself.”
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Opinions

Opinions & Orders – January 27, 2022

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the Northern District of California. The opinion reversed the district court’s determination that certain patent claims were invalid as indefinite. The Federal Circuit concluded the district court erred with respect to the legal standard for indefiniteness. Notably, Judge Dyk dissented. Here are the introductions to the opinion and dissent.

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