FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. It has been a quiet week. In pending en banc cases, this week’s update is a citation to supplemental authority in a veterans case along with the government’s response. In cases with pending petitions for en banc rehearing, this week’s update is a correction to a precedential opinion in a patent case. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. An amended petition was filed in a veterans case recently argued before the en banc court. As for pending en banc petitions in patent cases, highlights include new responses to petitions raising questions related to claim preclusion and sanctions; a new amicus brief filed in a case raising a question related to obviousness; and the denial of three petitions raising questions related to remedies, issue and claim preclusion, jurisdiction in inter partes review, and alleged due process and takings violations in inter partes review. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. In one of the two pending en banc veterans cases, the Court invited the National Organization of Veterans Advocates to file an amended petition. In the other case, two amicus briefs were filed. With respect to petitions for en banc rehearing in patent cases, highlights include a new invitation to respond to a petition raising questions related to literal infringement and claim construction; a new amicus brief filed in a case raising questions related to prosecution history estoppel, vitiation, and reasonable royalties; and the denial of two petitions in cases raising questions related to patent marking, expert testimony, willful infringement, and inventorship. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. The en banc court heard oral argument in a veterans case last week. As for petitions for en banc consideration in patent cases, a new petition was filed in a case raising questions related to literal infringement and claim construction; the court invited a response to a petition raising a question related to sanctions; and the court denied two petitions, one in a pro se case and one raising a question related to non-obviousness. Here are the details.

• SCOTUS Denial of TCL v. Ericsson Petition Means Juries Decide Damages for SEP Infringement – The Supreme Court declined to review a Federal Circuit decision requiring jury trials for the determination of damages for past infringing activities.
• Full Federal Circuit Grapples With Right to Review VA Manual – The Federal Circuit’s first telephonic oral argument for an en banc rehearing of a case was held last Thursday.

Here’s the latest.

Last week, the Federal Circuit held an en banc session to hear oral argument in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. In this case, the court considered two questions posed by NOVA in its petition: (1) whether the Federal Circuit has jurisdiction to review a generally applicable interpretive rule promulgated by the Department of Veterans Affairs through its Adjudication Procedures Manual, and (2) whether a Federal Circuit Rule impermissibly supersedes a statute of limitations. Additionally, as a preliminary matter, the court heard argument as to whether NOVA has Article III standing in this case. This is our argument recap.

Here is an update on recent en banc activity at the Federal Circuit. This week the en banc court will hear arguments in a veterans case. Late last week a supplemental reply brief was filed in that case. As for new petitions for en banc consideration, two were filed in patent cases raising various questions related to the doctrine of equivalents, prosecution history estoppel, vitiation, reasonable royalties, and obviousness. With respect previously-filed petitions, a new response was filed asking the court to reject a petition questioning whether whether a party who is not a patentee may sue for patent infringement. In addition, the court denied four petitions in patent cases raising questions related to mandamus jurisdiction over real-party-in-interest determinations, double patenting, transfer of venue, and claim construction. Here are the details.

This week the Federal Circuit will convene eleven panels to consider about 48 cases. This month, as in the past several months, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. The court will hear 33 cases argued this month. Of the argued cases, two attracted amicus briefs: one a patent case case and one a veterans case. Notably, the veterans case will be heard by the en banc court. Here’s what you need to know about these cases.

Next week, in an en banc session of the court, the Federal Circuit will hear arguments in National Organization of Veterans Advocates, Inc. v. Secretary of Veterans Affairs. In this case, the court will consider two issues relates to veterans law: (1) whether the Federal Circuit has jurisdiction to review a generally applicable interpretive rule promulgated by the Department of Veterans Affairs through its Adjudication Procedures Manual, and (2) whether a Federal Circuit Rule impermissibly supersedes a statute of limitations. This is our argument preview.

Here is an update on recent en banc activity at the Federal Circuit. Supplemental briefs were filed in both en banc veterans cases pending before the court, and an amicus brief was filed in one of the cases. As for petitions for en banc rehearing in patent cases, highlights include new petitions filed in two cases raising questions related to issue and claim preclusion, jurisdiction in inter partes review proceedings, and alleged due process and takings violations in an inter partes review, as well as a response to a petition that raised a question related to patent law’s non-obviousness requirement. Here are the details.