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, responses to petitions in two cases (including three responses in Arthrex, Inc. v. Smith & Nephew, Inc.), and the denial of a petition along with a dissenting opinion in the same case. 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 note on the USPTO urging en banc review in Arthrex v. Smith & Nephew, an article weighing in on a recent dissent by Judge Newman to a denial of en banc rehearing, a discussion of a request for attorneys’ fees by Microsoft in an appeal against Uniloc 2017, and a comment on the Federal Circuit’s recent decision in a life sciences case.

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Featured / Opinions

Breaking News – Federal Circuit Issues Two Important Unpublished Orders

Today the Federal Circuit issued, but did not publish on its website, two important nonprecedential orders in patent and trademark cases. These orders represent the continuing fall out from the Federal Circuit’s opinion in Arthrex, Inc. v. Smith & Nephew, Inc. that the Secretary of Commerce’s appointment of Administrative Patent Judges to the Patent Trial and Appeal Board violates the Appointments Clause of the U.S. Constitution. Hat tip to Sharon Israel at Shook, Hardy & Bacon L.L.P. for alerting us about these orders.

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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. Notably, much of the activity relates in some way to Arthrex, Inc. v. Smith & Nephew, Inc. Highlights include three new petitions (including two petitions raising questions related to waiver of arguments similar to those made in Arthrex), a response in opposition to a petition also making arguments raised in Arthrex, briefing on a motion raising arguments related to Arthrex, requests for responses in three cases (including, notably, Arthrex itself), and the denial of two petitions raising questions related to patent eligibility. 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 two new petitions raising questions related to waiver of the prevailing arguments made in Arthrex, Inc. v. Smith & Nephew, Inc., non-obviousness, and argument-type prosecution history estoppel, two letters filed by the government in response to arguments related to Arthrex, Inc. v. Smith & Nephew, Inc., two amicus briefs in Arthrex, Inc. v. Smith & Nephew, Inc. itself, and the denial of four petitions. We have 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. Given the new year, today’s report covers several lists of 2019’s most important cases in the areas of patents, government contracts, and “access to justice” rulings.

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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 three new petitions (including, notably, in Arthrex, Inc. v. Smith & Nephew, Inc.), a response to the petition and several amicus briefs in support of the petition in American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, and the denial of three petitions. 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 recent news about the government’s plan to seek en banc review of the Federal Circuit’s decision in Arthrex, the government’s lack of filing an amicus brief at the Supreme Court in Athena v. Mayo, and the Federal Circuit’s recent denial of en banc rehearing in Enzo Life Sciences, Inc. v. Becton, Dickinson and Company.

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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 merit panel’s recent request for supplemental briefing on the constitutionality of Title 5’s removal restrictions with respect to Administrative Patent Judges, predictions that Congress will pass legislation soon to cure the constitutional defect related to the appointment of Administrative Patent Judges, and a Forbes article provocatively entitled “How a Homeless Man Helped Cloudflare Counterattack a Bogus Patent Lawsuit.”

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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 news related to Tuesday’s congressional hearing about what if anything Congress should do to respond to the Federal Circuit’s recent holding that Administrative Patent Judges were unconstitutionally appointed, as well as a series of blog posts concerning the U.S. Patent and Trademark Office’s ongoing proceeding to determine who invented CRISPR gene editing technology.

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