Two Years in Review: Rehearing Petitions in Patent Cases

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The Federal Circuit was more likely to call for a response to petitions supported by amicus briefs, but rarely granted rehearing in 2021 and 2022.

Key Points:

..In 2021 and 2022, the Federal Circuit called for a response to more than one-third of rehearing petitions filed in patent cases, but granted less than 5% of them.

..The court called for a response in more than 70% of cases with at least one amicus brief in support of the petitioner.

..The court granted panel rehearing in only six patent cases, and only changed its disposition twice.

..The court did not grant en banc rehearing in any patent case.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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