FedCircuitBlog

Last week, late in the day on Friday the Federal Circuit granted a petition for rehearing and issued a nonprecedential opinion in a patent case. The court noted that Judges Newman and Stoll were recused based on a conflict of interest that was identified by the parties after oral arguments were made and judgment was entered. Judges Moore and Chen replaced Judges Newman and Stoll on the panel. The court admonished that the parties should have notified the court about the conflict sooner and warned that the Federal Circuit expects the utmost candor towards the court concerning conflicts. Here is text from the opinion.

Here is an update on recent en banc activity at the Federal Circuit. The court ordered a stay in the proceedings in a veteran’s case. As for patent cases, the court received a new petition raising questions related to claim construction and the written description requirement. The court also invited a response to the same petition. Finally, the court granted panel rehearing but denied rehearing en banc in response to a petition raising questions related to an alleged conflict of interest and summary affirmances. 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 claim construction; a new response to a petition raising questions related to an alleged conflict of interest and summary affirmances; and a new amicus brief in support of a petition raising a question related to the written description requirement. Finally the court denied a petition for rehearing en banc raising questions related to inducement of infringement and an evidentiary rule. Here are the details.

Here is an update on recent en banc activity at the Federal Circuit. Last week the court granted en banc reharing in a veteran’s case, and tomorrow the en banc court will hear oral argument in another veteran’s case. As for patent cases, the court received two new responses to petitions raising questions related to the Appointments Clause and the written description requirement, and the court invited a response to a petition raising questions related to conflicts of interest and due process. Finally, in another patent case the court received a new amicus brief supporting a petition raising a question related to claim construction. Here are the details.

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 claim construction, conflict of interest, due process, inducement of infringement, and an evidentiary rule. The court invited a response to a petition raising questions related to the written description requirement. In the same case, the court received three new amicus briefs supporting rehearing. Here are the details.

This morning the Federal Circuit issued a precedential opinion in a veterans case appealed from the Court of Appeals for Veterans Claims. The opinion, decided partially en banc, addresses evidentiary standards applicable in veterans’ cases. Judges Reyna, Newman, and O’Malley filed a separate opinion concurring-in-part and dissenting-in-part with respect to the part of the opinion decided by the en banc court. The court also issued three nonprecedential opinions. Two come in patent cases appealed from the Patent Trial and Appeal Board and one comes in a trademark case appealed from the Trademark Trial and Appeal Board. The court also issued a nonprecedential order related to the opinion decided in part by the en banc court as well as two Rule 36 judgments. Here are the introductions to the opinions and order and links to the Rule 36 judgments.