En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include new petitions filed in five cases raising questions related to claim construction, the Appointments Clause, and obviousness; an invitation for a response in one case raising questions related to inequitable conduct and obviousness; the denial of four petitions raising questions related to the Appointments Clause, venue, damages, and claim construction; and the withdrawal of one petition raising questions related to the Administrative Procedure Act. Here are the details.

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Featured / Opinions

Breaking News – Federal Circuit Indicates Administrative Patent Judges Unconstitutionally Appointed Beyond Context of Inter Partes Review Proceedings

As we reported earlier today, a Federal Circuit panel this morning issued a precedential order in VirnetX Inc. v. Cisco Systems, Inc. The order is important. It highlights the potential reach of the Federal Circuit’s decision earlier this year in Arthrex, Inc. v. Smith & Nephew, Inc. Indeed, it suggests that Administrative Patent Judges are unconstitutionally appointed with respect to every aspect of their work: not just inter partes reviews, and not just inter partes reexaminations, but also everything else, including ex parte reexaminations, covered business method review, and ex parte appeals.

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Opinions

Today’s Opinions – May 13, 2020

This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential order unsealing it; two precedential orders in a patent case denying panel and en banc rehearing respectively; and nonprecedential opinions in a veterans case, two patent cases, and a tax case. Here are the introductions to the opinions and text from the orders.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights comments on the Federal Circuit’s refusal to extend deference to decisions by the USPTO’s Precedential Opinion Panel, a note on a petition for en banc rehearing related to venue, an article about Apple’s transfer of $454 million to pay a judgment for patent infringement, and a summary of courts’ steps to prevent transmission of the novel coronavirus.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights an article about the Supreme Court’s rejection of Apple’s petition for certiorari in one of its cases against VirnetX, a comment on the Federal Circuit’s treatment of “consisting essentially of” language in patent claims, and an article discussing the Federal Circuit’s rejection of an en banc petition in a case vacated in light of Arthrex.

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Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. There is no news to report on granted cases and no new petitions were filed. However, four new reply briefs in support of petitions were filed, and the Supreme Court did deny four previously-filed petitions. Here are the details.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include thirty new amicus briefs in Google Inc. v. Oracle America, Inc., the denial of the application for a stay of the the Federal Circuit’s mandate in Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., three new petitions in a trade case and two patent cases, and a new amicus brief in support of a petition related to apportionment of patent damages. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include four new petitions related to administrative law, enablement, collateral estoppel, and the doctrine of equivalents; two responses to petitions related to patent eligibility and transfer; one new amicus brief in support of a petition concerning non-obviousness; and the denial of three petitions related to non-obviousness, enablement, written description, and statutory experimental use. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a news report on the Supreme Court temporarily staying a Federal Circuit mandate, a New York Times article discussing a recent denial of en banc rehearing, and comments by former Chief Judge Paul Michel on the Federal Circuit’s obviousness standard.

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Petitions / Supreme Court Activity

Recent Supreme Court Activity

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Highlights include one new petition regarding Covered Business Method review of patents, a reply brief and two amicus briefs in support of a petition related to patent damages and the impact of USPTO invalidations of patents on pending infringement litigation, and another reply brief in favor of a petition related to patent eligibility. Here are the details.

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