Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to patent reissue and the written description requirement; two new invitations for response to petitions presenting questions related to patent reissue, the written description requirement, and appellate jurisdiction; and denials of two petitions presenting questions related to the non-obviousness requirement and anticipation. Here are the details.
Recent En Banc Activity
Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition filed in a case raising a question about what constitutes a final judgment for purposes of appellate jurisdiction, three new responses to petitions related to eligibility and design patent’s non-obviousness requirement, and two amicus briefs also related to design patent’s non-obviousness requirement. The court also denied two petitions raising questions about eligibility and infringement. Here are the details.
Opinions and Orders – April 11, 2023
This morning, the Federal Circuit released one precedential opinion, two nonprecedential opinions, two nonprecedential orders, and three Rule 36 judgments. In the precedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board. In the nonprecedential opinions, the court affirmed a judgment of the Merit Systems Protection Board and vacated in part and affirmed in part a judgment of the Court of Federal Claims. In the nonprecedential orders, the Federal Circuit denied a petition for a writ of mandamus to order transfer in a patent case and granted a motion to dismiss an appeal in another patent case. Here are the introductions to the opinions, text from the orders, and links to the Rule 36 judgments.