Tag Archives: En Banc

Split Federal Circuit Hews To De Novo Claim Construction Review

In a six-four en banc decision in Lighting Ballast Control LLC v. Philips Electronics North Am. Corp., a divided Federal Circuit confirmed its practice of de novo claim construction review. The main question arising from the decision is whether the Federal Circuit’s lack of consensus on this important legal issue will make it attractive for Supreme Court … Continue reading this entry

Federal Circuit Issues Fractured Affirmance In CLS Bank v. Alice Corporation

In a fractured en banc decision, the Federal Circuit affirmed the district court’s holding that the claims at issue in CLS Bank v. Alice Corporation are invalid under 35 USC § 101. The multiple opinions reveal the judge’s fundamental differences as to the meaning and role of the statute, and the difficulty of applying Supreme … Continue reading this entry

Therasense Decision "Tightens" Inequitable Conduct Standard

On May 25, 2011, the Federal Circuit issued its long-awaited en banc decision in Therasense, Inc. v. Becton, Dickinson & Co. After a panel affirmed the district court’s finding of inequitable conduct, the court agreed to rehear the appeal en banc in order to revisit the law of inequitable conduct. The court’s decision “tightens the standards” … Continue reading this entry

Federal Circuit Keeps Door Open for New Evidence in Section 145 Actions

On Monday, November 8, 2010, the Federal Circuit issued its decision in the en banc re-hearing of Hyatt v. Kappos. The en banc court departed from the August 11, 2009 panel decision, and held that there are virtually no limits on the new evidence that a patent applicant can introduce against the USPTO in a district court action … Continue reading this entry

Two for Tuesday: En Banc Hearings in Therasense, Tivo

This week brings two en banc hearings at the Federal Circuit. Inequitable conduct issues will be addressed in Therasense, Inc. v. Becton, Dickinson & Co., and contempt proceedings issues will be addressed in Tivo Inc. v. Echostar Corp. Both hearings are scheduled for Tuesday, November 9, at 10:00 am, in courtroom 201. Therasense, Inc. v. … Continue reading this entry