FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new petition for en banc rehearing was filed raising several questions related to attorney’s fees. One new response to a petition was filed in a case a case raising a question related to the Hatch-Waxman Act. A response to a notice of supplemental authority was filed in the same case. And, finally, one petition was denied in a case raising questions related to standing. Here are the details. 

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, one new response to a petition was filed in a case raising questions related to standing and contract reformation, and four new amicus briefs were filed in a case raising a question related to damages. Here are the details.

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 raising questions related to eligibility and Article III standing; two amicus briefs were filed in case raising questions related to obviousness and apportionment of damages; a panel granted in part a petition for panel rehearing; and the court denied two petitions for en banc rehearing raising questions related to obviousness and another petition filed pro se. Here are the details.

This morning, the Federal Circuit released three nonprecedential opinions and two nonprecedential orders granting motions to withdraw appeals. The first opinion comes in an appeal of a dismissal of a patent infringement case for lack of constitutional standing. The second comes in a pro se appeal of a decision of the Court of Appeals for Veterans claims. The third comes in an appeal of a decision of the Merit Systems Protection Board. Here are the introductions to the opinions and links to the orders.

Late yesterday, the Federal Circuit released three nonprecedential orders dismissing appeals in patent cases. This morning, the court released two precedential opinions. One comes in a patent case appealed from the Eastern District of Pennsylvania, and one comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Additionally, the Federal Circuit released a precedential order denying en banc review in a patent case. Notably, Chief Judge Moore and Judge Stoll concurred and Judges Dyk and Hughes dissented from the decision to deny en banc review. Finally, the court issued a nonprecedential opinion in a patent case and two nonprecedential orders, one denying a petition for a writ of mandamus in a patent case and one dismissing a case. Here are the introductions to the opinions and orders and links to the dismissals.

This morning, the Federal Circuit released a precedential opinion in a takings case appealed from the Court of Federal Claims, and two nonprecedential orders in patent cases appealed from the Western District of Texas. Here are the introductions to the opinion and orders.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court denied two petitions raising the same question related to claim construction. Here are the details.

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include new petitions in two cases raising the same question related to claim construction. Additionally, the court denied petitions for en banc rehearing in two cases raising questions about eligibility and enablement of prior art. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article reporting how the Federal Circuit heard “arguments at law schools and courthouses around the San Francisco Bay Area this week”;
• an article highlighting “the intense debate over restoring injunctive relief for patent holders,” noting how “two different camps within the pro-strong-patent rights community have emerged”;
• an article discussing yesterday’s oral argument in a case addressing whether inter partes review proceedings may consider abandoned patent applications published after the filing date of a patent under review; and
• a blog post discussing how the Patent Office “recently terminated proceedings in approximately 3,100 patent applications due to the fraudulent use of a practitioner’s signature.”

This morning the Federal Circuit released one precedential opinion, two nonprecedential opinions, and one nonprecedential order. The precedential opinion affirms the judgment of the Court of International Trade, which dismissed a case for lack of subject matter jurisdiction. The first nonprecedential opinion vacates judgments of non-infringement and invalidity and reverses an exceptional case finding in a patent case. The second nonprecedential opinion affirms a dismissal in a pro se case. The order is a dismissal. Here are the introductions to the opinions and a link to the dismissal.