Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions (on whether Arthrex should be applied to cases pending on appeal at the time it was decided, and whether the PTAB must consider arguments not made or adopted by examiners), an amicus brief, and three denials of petitions. Here are the details.
Update on Panel Activity
One type of case we track here at Fed Circuit Blog is any patent case pending before a panel where an amicus brief has been filed. Besides identifying these cases, aggregating related data (e.g., briefs, oral argument recordings, orders, and opinions), and making this data available using our “Other Cases” page, once a month we plan to provide a blog post summarizing recent activity in these cases. Today we do that with respect to eight such patent cases. Of these cases, three concern the non-obviousness requirement; two include jurisdictional questions; one pertains to infringement; one discusses F/RAND commitments; and one raises the issue of patent eligibility.