En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to the weight given to expert witness testimony during claim construction, the evidentiary basis of an invalidity finding, and the proper standard of review of agency determinations pursuant to Securities Exchange Commission v. Chenery Corp., 332 U.S. 194 (1947). The court also received a response to a petition for rehearing en banc concerning deference to the Patent Trial and Appeal Board. The court also denied a petition for rehearing en banc in a case raising questions relating to patent eligibility. Here are the details.

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Opinions

Opinions & Orders – August 11, 2021

This morning the Federal Circuit issued a precedential opinion in a case appealed from the Court of Federal Claims, a precedential opinion in patent case, and a nonprecedential decision in a government contract case. Judge Newman dissented in the case appealed from the Court of Federal Claims. Here are the introductions to the opinions.

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Opinions

Opinions & Orders – July 29, 2021

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board and a nonprecedential opinion in an employment case appealed from an arbitration. Here are the introductions to the opinions.

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