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 were filed raising questions related to eligibility and design-patent infringement; the court issued an invitation for a response to a petition raising questions related to obviousness and apportionment of damages; and a response was filed to a petition raising questions related to obviousness. The Federal Circuit also denied one petition for en banc rehearing in a Lanham Act case. Here are the details.
Opinions & Orders – February 5, 2026
This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and two nonprecedential orders. One of the precedential opinions comes in an appeal of a decision of the Court of Federal Claims; the other comes in an appeal of a decision of the Court of Appeals for Veterans Claims. Two of the nonprecedential opinions come in patent infringement cases decided by district courts; the other comes in a pro se appeal of a decision of the Merit Systems Protection Board. Both orders dismiss appeals. Here are the introductions to the opinions and links to the orders.
