Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing have been filed in patent cases, raising questions related to marking, exceptional case status, and eligibility. The Federal Circuit also issued an invitation for a response to a petition in a patent case raising questions related to prior art and the Administrative Procedure Act. Here are the details.
Opinions & Orders – December 3, 2025
Late yesterday, the Federal Circuit released two nonprecedential orders, one dismissing an appeal. The other order granted a motion to vacate a judgment of the Court of International Trade. This morning, the Federal Circuit released one precedential opinion, three nonprecedential opinions, one nonprecedential order dismissing an appeal, and three Rule 36 judgments. The precedential opinion comes in a pro se appeal from the Court of Appeals for Veterans Claims. All three nonprecedential opinions also come in pro se appeals, one from the Court of Appeals for Veterans Claims and two from the Merit Systems Protection Board. Here are the introductions to the opinions and links to the orders and Rule 36 judgments.
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 the Appointments Clause. The court also invited a response to a petition that raised questions related to the notice required to collect damages for infringement. Finally, the court denied a petition raising questions related to the assignment of patents. Here are the details.
