FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, the en banc court heard oral argument in Lesko v. United States, an employment law case. Additionally, four new en banc petitions have been filed in patent cases raising questions related to the presumption of validity, eligibility, and claim construction. A new response was filed in a case concerning the appropriate test for design-patent infringement. Finally, the court denied petitions for en banc rehearing in two patent cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, a party filed its reply brief in a pending en banc case raising questions related to statutory interpretation and agency deference. As for pending petitions, the Federal Circuit received two new responses to petitions in patent cases, the court invited a response to a petition in a design patent case, and the court denied two petitions in two other patent cases. Here are the details.

Late yesterday, the Federal Circuit released a nonprecedential order dismissing a patent case appealed from the Patent and Trademark Office. This morning, the Federal Circuit issued five nonprecedential opinions. Two arose from appeals of decisions of the Merit Systems Protection Board, one from a decision of the Court of Appeals for Veterans Claims, one from a decision of the Court of Federal Claims, and one from a decision of the Trademark Trial and Appeal Board. The Federal Circuit also released two Rule 36 judgments and two more dismissals. Here are the introductions to the opinions and links to the Rule 36 judgments and dismissals.