FedCircuitBlog

Here is an update on recent en banc activity at the Federal Circuit. Highlights include a new petition for rehearing in a patent case concerning the presumption of nexus related to secondary considerations of non-obviousness, along with three denials of rehearing in cases raising questions related to Rule 36, anticipation, secondary considerations of non-obviousness, and design patent infringement. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Highlights include two new petitions for rehearing in patent cases presenting questions related to secondary considerations of non-obviousness and inconsistency between Board and district court claim constructions, along with a denial of a petition in another patent case presenting a question related to eligibility. Here are the details.

This morning, the Federal Circuit released three nonprecedential opinions and two nonprecedential orders. One opinion addresses an appeal from the Court of International Trade. The other two opinions address appeals from the Patent Trial and Appeal Board regarding patent claims which have been found unpatentable as obvious or anticipated. The nonprecedential orders are both dismissals. Here are the introductions to the opinions and links to the dismissals.

This morning, the Federal Circuit released one nonprecedential order and four Rule 36 summary affirmances. The order dismisses an appeal. Here are the links to the order and summary affirmances.

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, a new brief was filed. As for requests for rehearing en banc, the court received a new petition raising a question relating to the nexus requirement for secondary considerations of non-obviousness in patent cases. The court also received an amicus brief supporting rehearing to address the court’s handling of petitions for writs of mandamus seeking transfer in patent cases. Finally, the court denied petitions for rehearing in two other patent cases. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received two new petitions raising questions related to the weight given to expert witness testimony during claim construction, the evidentiary basis of an invalidity finding, and the proper standard of review of agency determinations pursuant to Securities Exchange Commission v. Chenery Corp., 332 U.S. 194 (1947). The court also received a response to a petition for rehearing en banc concerning deference to the Patent Trial and Appeal Board. The court also denied a petition for rehearing en banc in a case raising questions relating to patent eligibility. Here are the details.

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The opinion addresses eligibility for post-grant review based on priority dates. The court also issued a nonprecedential order in another patent case denying a petition for writ of mandamus raising a question regarding the scope of statutory estoppel based on a prior inter partes review proceeding. Here are the introductions to the opinion and order.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three new petitions raising questions related to tolling for post-trial motions, the Federal Circuit’s reversal of a judgment in an inter partes review proceeding based on a teaching away finding, and a denial of a petition for a writ of mandamus seeking to order transfer. The court also invited a response to a petition concerning deference to the Patent Trial and Appeal Board. Lastly, the court denied petitions in two cases relating to transfer and the standard for review for petitions for writs of mandamus and a third case relating to patent eligibility. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received three petitions concerning issues related to transfer and petitions for writs of mandamus, inter partes review and deference to the Patent Trial and Appeal Board, and anticipation. The court also invited a response to a petition concerning the scope of appellate review. Lastly, the court denied a petition in a case concerning induced infringement and the Hatch-Waxman Amendments. Here are the details.

This morning the Federal Circuit issued a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board; a nonprecedential order denying a petition for patent and en banc rehearing in a patent infringement case, along with a nonprecedential opinion by Judges Lourie, Prost, and Hughes concerning the denial of panel rehearing and the argument their panel decision changed the law of enablement; and three Rule 36 summary affirmances. Here are the introductions to the opinions and a list of the summary afirmances.