En Banc Activity / Featured

Recent En Banc Activity

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.

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En Banc Activity / Featured / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing were filed raising questions related to eligibility and design-patent infringement; the court issued an invitation for a response to a petition raising questions related to obviousness and apportionment of damages; and a response was filed to a petition raising questions related to obviousness. The Federal Circuit also denied one petition for en banc rehearing in a Lanham Act case. Here are the details.

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Opinions

Opinions & Orders – February 5, 2026

This morning, the Federal Circuit released two precedential opinions, three nonprecedential opinions, and two nonprecedential orders. One of the precedential opinions comes in an appeal of a decision of the Court of Federal Claims; the other comes in an appeal of a decision of the Court of Appeals for Veterans Claims. Two of the nonprecedential opinions come in patent infringement cases decided by district courts; the other comes in a pro se appeal of a decision of the Merit Systems Protection Board. Both orders dismiss appeals. Here are the introductions to the opinions and links to 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:

  • an article arguing the “full Federal Circuit should reject an ill-conceived request by major players in the repair parts industry” after yesterday’s arguments in a design patent case; and
  • an article discussing how the Federal Circuit agreed “with a lower court’s conclusion that claims in an Eolas Technologies Inc. 1994 web patent weren’t actually valid, handing a win to Google, Amazon and Walmart.”
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