En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, a new brief was filed. As for requests for rehearing en banc, the court received a new petition raising a question relating to the nexus requirement for secondary considerations of non-obviousness in patent cases. The court also received an amicus brief supporting rehearing to address the court’s handling of petitions for writs of mandamus seeking transfer in patent cases. Finally, the court denied petitions for rehearing in two other patent cases. 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 cases requiring fair notice of asserted grounds of invalidity in an inter partes review and minimum standards of agency decision making under the Administrative Procedure Act. The court also denied a petition for rehearing en banc in a case raising a question concerning the Patent Trial and Appeal Board’s ability to deny a petition for inter partes review based on the existence of pending litigation concerning the same patents. Here are the details.

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News

Recent News on the Federal Circuit

Senate Confirms Tiffany P. Cunningham, First Black Circuit Court Judge to the U.S. Court of Appeals for the Federal Circuit – On BlackEnterprise.com, Andrea Blackstone reports on Tiffany Cunningham’s Senate confirmation and classifies it as a “historic moment . . . in the America judicial system.”

Thoughts on Tiffany Cunningham’s Confirmation to the CAFC – Eileen McDermott reports on what Tiffany Cunningham’s appointment “might mean for the [Federal Circuit] long term.”

They Patented a Better SandBox — Obviousness IPRs – Dennis Crouch reports the Federal Circuit decision in Oren Tech v. Proppant Express, where the court rejected “a PTAB IPR decision because the precise obviousness argument regarding a functional limitation was not expressly stated. . . [and has] another go-round with the PTAB failing to consider commercial success.”

Fed Circ Revives Chemours Polymer Patents, Reverses PTAB Ruling – On Reuters.com, Blake Brittain reports on Chemours Company FC LLC v. Daikin Industries Ltd., where “Daikin challenged patent validity based on earlier invention.”

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Opinions

Opinions & Orders – July 23, 2021

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board and a nonprecedential opinion dismissing an appeal from the United States Court of Appeals for Veterans Claims for lack of jurisdiction. Here are the introductions to the opinions.

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News

Recent News on the Federal Circuit

Here’s the latest.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Today’s Opinions – April 30, 2020

This morning the Federal Circuit issued five opinions and one order, all in patent cases. Two of the opinions are precedential, and three are nonprecedential. Here are the introductions to the opinions and the text of the order.

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