En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising issues related to patent eligibility. The court also received three new responses to petitions filed in two cases addressing (1) the Patent and Trademark Office’s ability to deny inter partes review based on pending litigation concerning related patents and (2) patent eligibility. Additionally, the court received an amicus brief in the case addressing the denial of inter partes review based on pending litigation. Lastly, the court denied two petitions for rehearing en banc in cases concerning claim construction and the replacement of a primary prior art reference after institution by the Patent Trial and Appeal Board. 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. The court received three new petitions this week raising issues concerning the scope of appellate review, patent eligibility, and the extent of estoppel with respect to claim constructions. Additionally, the court invited responses in two cases addressing the court’s jurisdiction and the case addressing the extent of estoppel in claim constructions. Lastly, the court denied petitions in three cases raising questions related to patent eligibility, inventorship, and the evaluation of expert opinions. 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. The court received a new petition in a patent case, which raised an issue related to the Patent and Trademark Office’s ability to deny inter partes review based on pending litigation concerning related patents. Here are the details.

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Opinions

Opinions & Orders – May 26, 2021

This morning the Federal Circuit issued a nonprecedential order in a patent case granting a petition for panel rehearing to the extent that the panel withdrew and replaced its precedential opinion in the same case. The order indicates that the precedential opinion, also issued today, differs from the original opinion only to the extent that the panel added one additional sentence, which explains why summary judgment was inappropriate. The court also issued a nonprecedential opinion in another patent case. Here is text from the order and the introductions to the opinions.

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Opinions

Opinions & Orders – April 6, 2021

This morning, the Federal Circuit issued a precedential opinion in a patent case affirming a judgment of noninfringement. Additionally, the court issued two Rule 36 judgments. The introduction to the opinion and links to the Rule 36 judgments can be found here.

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Opinions

Opinions & Orders – February 3, 2021

This morning, the Federal Circuit issued four nonprecedential opinions: one in a veterans case, a second in a case appealed from the Merit Systems Protection Board, and a third in a case dismissed for a lack of jurisdiction by the Court of Federal Claims. The Federal Circuit also issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions

Opinions & Orders – January 25, 2021

The Federal Circuit did not publish any opinions this morning on its website. The court, however, did issue a nonprecedential order on January 21 that went uncovered on the blog. In the order, the court denied a request for a writ of mandamus blocking the transfer of a patent case from Austin to Waco, Texas. Here is text from that order.

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