Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, five new petitions for en banc rehearing have been filed raising questions related to correction of inventorship, damages, the domestic industry requirement, and infringement. Three new amicus briefs were also filed in a case raising questions related to design patent infringement. Finally, four petitions were denied in cases raising questions related to eligibility and infringement. Here are the details.
Recent En Banc Activity
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 were filed raising questions related to Federal Rule of Evidence 702, expert witness analyses related to disclosed structure for means-plus-function limitations, and patent eligibility; one new response was filed to a petition raising questions related to de minimis infringement; and the Federal Circuit denied a petition that raised a question related to eligibility. Here are the details.
Opinions & Orders – February 19, 2026
Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent infringement case, and the key claim at issue in the dispute was a means-plus-function limitation. One of the nonprecedential opinions also comes in another patent infringement case; the other nonprecedential opinion comes in an appeal of a decision of the Merit Systems Protection Board. Here are introductions to the opinions and links to the dismissal.
Opinions & Orders – September 30, 2024
This morning the Federal Circuit released one nonprecedential opinion and three nonprecedential orders. The nonprecedential opinion affirms a judgment of the Court of Federal Claims in a government contract case. One of the nonprecedential orders comes in a patent case and denies a petition for a writ of mandamus seeking to direct a district court to vacate its order denying transfer and to transfer the action. Two of the nonprecedential orders are dismissals. Here are the introductions to the opinion and first order, as well as links to the dismissals.
