News & Analysis as of

Dissenting Opinions Petition For Rehearing

Wiley Rein LLP

En Banc D.C. Circuit Lets Stand Ruling Holding that the FEC’s Exercise of Prosecutorial Discretion Is Unreviewable

Wiley Rein LLP on

The en banc U.S. Court of Appeals for the District of Columbia Circuit recently issued its long-anticipated decision in Citizens for Responsibility and Ethics in Washington (CREW) v. Federal Election Commission (FEC)...more

Fox Rothschild LLP

Another Published Rehearing Denial

Fox Rothschild LLP on

If you’ve regularly read my blog posts here over the past few years (in other words, if you are my mom), you will know that I find Fourth Circuit published denials of petitions for rehearing to be of particular interest. ...more

Holland & Knight LLP

Federal Circuit Narrows its Prior Decision; Court is Still Torn on Section 101 Patent Eligibility

Holland & Knight LLP on

Following a combined petition for rehearing and rehearing en banc filed by patent owner American Axle, the U.S. Court of Appeals for the Federal Circuit has modified its earlier opinion. In that earlier decision – described...more

Morrison & Foerster LLP - Federal Circuitry

Agreeing to Disagree, en Banc Style: How Often Do Judges Dissent From Denial of Rehearing En Banc?

As we mentioned in one of our previous posts, the Federal Circuit recently denied a long-pending petition for rehearing en banc in American Axle & Manufacturing v. Neapco Holdings, a Section 101 case.  More than 8 months...more

McDonnell Boehnen Hulbert & Berghoff LLP

Uniloc 2017 LLC v. Hulu, LLC (Fed. Cir. 2020)

Last week, in Uniloc 2017 LLC v. Hulu, LLC, the Federal Circuit ruled that the Patent Trial and Appeal Board may consider patent eligibility under 35 U.S.C. § 101 for substitute claims.  The appeal raises issues of finality...more

McDonnell Boehnen Hulbert & Berghoff LLP

NZNP Finance Ltd. v. Actavis Laboratories UT, Inc. (Fed. Cir. 2020)

On Tuesday, the Federal Circuit issued a per curiam Order in NZNP Finance Ltd. v. Actavis Laboratories UT, Inc., denying a petition for rehearing en banc filed by Plaintiffs-Appellants HZNP Finance Ltd. and Horizon...more

Fenwick & West LLP

Full Federal Circuit Defers Addressing Venue Based on Presence of Servers in District

Fenwick & West LLP on

On February 5, 2019, in a per curiam order, the United States Court of Appeals for the Federal Circuit denied Google’s petition for rehearing en banc, and deferred for another day the question of whether the presence of...more

Knobbe Martens

In Re: Google LLC

Knobbe Martens on

Federal Circuit Summaries - Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Dissenting opinion to denial of petition for rehearing written by Reyna and joined by Newman...more

Knobbe Martens

Xitronix Corporation v. KLA-Tencor Corporation [Order]

Knobbe Martens on

Federal Circuit Summaries - Before Prost, Newman, Mayer, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for panel rehearing and rehearing en banc. Summary: Judge Newman...more

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