Opinions & Orders – November 21, 2023

This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion addresses an appeal from a judgment of the Patent Trial and Appeal Board finding certain claims unpatentable either for lack of written description or anticipation. Notably, the court affirmed the Board’s judgment despite arguments that the Board issued the final written decision after the statutory deadline and thus lacked jurisdiction. The nonprecedential opinion addresses a pro se appeal from a decision of the Merit Systems Protection Board. Finally, the order grants a motion for voluntary dismissal. Here are the introductions to the opinions and a link to the dismissal.

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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. Highlights include the court inviting a response to a petition in one case and, while denying rehearing en banc in another, granting panel rehearing in that case for a limited yet notable purpose.

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