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 a new response to a petition raising questions concerning inducement of infringement and skinny-labeling along with the denial of five petitions raising questions related to issue preclusion and public disclosures under 35 U.S.C. § 102. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. Highlights include two new petitions raising questions concerning public disclosures under 35 U.S.C. § 102 and issue preclusion. The court also denied two petitions. One raised a question related to the relationship of claim construction and unpatentability arguments in inter partes review proceedings. The other raised questions related to means-plus-function claims and patent eligibility. Here are the details.

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News

Recent News on the Federal Circuit

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

  • an article examining the Federal Circuit’s consideration of when attorney’s fees can be awarded to the prevailing party in in inter partes review proceedings; and
  • an article discussing a distinction made by the Federal Circuit pertaining to which disclosures qualify as public disclosures for purposes of 35 U.S.C. § 102(b)(2)(B).
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Opinions

Opinions & Orders – July 31, 2024

This morning the Federal Circuit released two precedential opinions, two nonprecedential opinions, and four nonprecedential orders. The first precedential opinion reverses and remands a grant of summary judgment by the Office of Congressional Workplace Rights, while the second precedential opinion affirms a judgment of the Patent Trial and Appeal Board. The first nonprecedential opinion dismisses half of a consolidated appeal from the Patent Trial and Appeal Board while affirming the other half, while the second nonprecedential opinion affirms a judgment of the Patent Trial and Appeal Board. All of the orders are dismissals. Here are the introductions to the opinions and links to the orders.

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