FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Since our last update, three amicus briefs were filed in the only pending en banc case, which relates to the President’s Article II removal power. Three new petitions for en banc rehearing have been filed raising questions related to appellate procedure, the written description requirement, and claim construction. Finally, six petitions were denied in cases raising questions related to burden of proving unpatentability in inter partes review proceedings, obviousness, damages, appellate procedure, the domestic industry requirement, and objective indicia of nonobviousness. Here are the details. 

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, three new petitions for en banc rehearing have been filed raising questions related to appellate procedure and the non-obviousness requirement. Also one new response brief responds to a petition raising a question related to damages. Here are the details. 

Late yesterday, the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board in an inter partes review proceeding. In this case, a majority of the panel found all relevant claims unpatentable. Notably, Judge Taranto concurred in part and dissented in part, taking the position that the panel should not have reversed the PTAB’s judgment on certain patent claims. This morning, the court released three nonprecedential opinions, one nonprecedential order, and two Rule 36 summary affirmances. One of the nonprecedential opinions comes in a patent case appealed from the Eastern District of Texas, one comes in a case appealed from the Merit Systems Protection Board, and one comes in a government contract case appealed from the Court of Federal Claims. The nonprecedential order comes in a veterans case appealed from the Court of Appeals for Veterans Claims. Here are the introductions to the opinions and the order as well as links to the summary affirmances.

This morning the Federal Circuit issued five nonprecedential opinions: two in patent cases, one in a vaccine case, one in a veterans case, and one in a case appealed from the Merit Systems Protection Board. Additionally, the Federal Circuit issued three Rule 36 judgments. Here are the introductions to the opinions and a list of the Rule 36 judgments.