Posts Tagged: en banc
Can the Federal Circuit Refuse an Appeal by a Non-defendant Petitioner in an IPR?
JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (Fed. Cir. 2018) raises the important question of whether the Court of Appeals for the Federal Circuit can refuse to …
US Inventor Files Amicus Brief With CAFC in Support of En Banc Rehearing on Single-Reference Obviousness Issue
On August 1st, the non-profit inventor advocacy group US Inventor filed an amicus brief with the Court of Appeals for the Federal Circuit asking the court to …
Aqua Products: Is It Helping Patent Owners Swim Better Nine Months Later?
At the time, many thought this change in law would significantly assist patentees in avoiding full-blown cancellation of their claims. However, our review suggests a case-by-case analysis …
Federal Circuit Denies Petition for Rehearing En Banc in Xitronix Appeal on Walker Process Claims
On Friday, June 15th, the Court of Appeals for the Federal Circuit denied a petition for panel rehearing and rehearing en banc in Xitronix Corporation v. KLA-Tencor …
USPTO Recognizes Federal Circuit’s Aqua Products Decision, Issues Memo on Motions to Amend in IPRs
On November 21, 2017, the USPTO’s Chief Administrative Patent Judge David P. Ruschke issued a memorandum to the Patent Trial and Appeal Board (PTAB) providing guidance on motions …
Burden of Persuasion for Patentability of Amended Claims in IPR Stays with Petitioner
After a panel of the Federal Circuit affirmed the Board’s decision, in Aqua Products v. Matal, Aqua requested an en banc rehearing. The USPTO Director Joseph …
Industry Reaction to the Federal Circuit’s Decision in Aqua Products v. Matal
First-take reaction to Aqua Products v. Matal from a distinguished panel of experts. Todd Dickinson: "I don’t think that I’ve ever seen such a collection …
End of Laches Might Increase Declaratory Judgment Actions
Without laches, accused infringers might more frequently invoke declaratory judgment to clear their products and services upfront rather than tolerate a looming threat of suit for years.... …
Can Congress Bar Review of PTAB Decisions to Institute Inter Partes Review?
Wi-Fi One stands among the latest—and potentially the most important—in a series of cases that have called into question both the degree to which Congress …
Federal Circuit to consider reviewability of IPR institution decisions en banc
In a Per Curiam Order the Federal Circuit granted the petition for en banc rehearing and vacated the court’s three prior opinions in Wi-Fi One v. …
Federal Circuit’s En Banc Review in Aqua Products Could Upend PTAB Amendment Practice
On December 9, 2016, the en banc Federal Circuit will hear argument in In re Aqua Products, Inc. on an issue that has long been troubling patent owners involved …
Federal Circuit denies en banc rehearing, IPR proceedings can be instituted for less than all of the challenged claims
The Federal Circuit denied appellant SAS’s petition for rehearing en banc from a decision by the Patent Trial and Appeal Board, without an explanatory opinion. Judge …
Supreme Court to Consider “Disparaging” Trademarks
The U.S. Supreme Court agreed yesterday to review a Federal Circuit ruling that held unconstitutional a law prohibiting registration of trademarks that “may disparage” people or …
Cuozzo and Broadest Reasonable Interpretation – Should the Ability to Amend Be Relevant?
On July 8, in In re Cuozzo, the CAFC denied en banc review of a prior panel decision that confirms the PTAB can use a different standard for …
Divided Infringement Uncertain Despite en banc Ruling by CAFC
Recently the Federal Circuit has been interpreting 25 U.S.C. 271(b) to mean that unless the accused infringer directs or controls the actions of the party or …
