FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the Federal Circuit has invited a response to a petition raising a question related to claim construction and preambles; one new response has been filed to a petition that raises a question related to the presumption of validity and the written description requirement; and three petitions for en banc rehearing have been denied in cases raising questions related to ineligibility, claim construction, and prosecution history estoppel. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the en banc court heard oral argument in Lesko v. United States, an employment law case. Additionally, four new en banc petitions have been filed in patent cases raising questions related to the presumption of validity, eligibility, and claim construction. A new response was filed in a case concerning the appropriate test for design-patent infringement. Finally, the court denied petitions for en banc rehearing in two patent cases. Here are the details.

Late Friday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released a precedential opinion in a patent case appealed from the District of Utah, two nonprecedential opinions in pro se cases appealed from the Court of Federal Claims, and a nonprecedential opinion in a case appealed from the Merit Systems Protection Board. The Federal Circuit also released a nonprecedential order transferring a case to the Ninth Circuit along with four other nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the transfer and dismissals.