News & Analysis as of

Petition For Rehearing

Federal Circuit Review - October 2017

by Knobbe Martens on

Federal Circuit Denies En Banc Rehearing in Mentor Graphics v. EVE-USA - In Mentor Graphics Corp. v. Eve-USA, Inc., Appeal Nos. 2015-1470, 2015-1554, 2015-1556, the Federal Circuit denied Synopsys’ and EVE’s petition for...more

Rare Grant of Request for Rehearing in Biologics-related IPR

by Morgan Lewis on

Reconsideration leads to a reversal of course regarding a key claim limitation. On October 26, 2017, in Hospira, Inc. v. Genentech, Inc., the Patent Trial and Appeal Board (PTAB) granted Hospira’s request for rehearing and...more

Second Circuit Denies Petition to Rehear Decision Holding that the TCPA Does Not Permit a Consumer to Unilaterally Revoke Consent...

by Burr & Forman on

On October 20, 2017, the Second Circuit Court of Appeals denied a petition for panel rehearing, or in the alternative, for rehearing en banc of its decision in Reyes v. Lincoln Automotive Financial Services, 861 F. 3d 51 (2d...more

Amgen Considering Petitioning for Rehearing of Praulent Appeal

by Goodwin on

Earlier this month, the Federal Circuit vacated an injunction in the Amgen v. Sanofi litigation that would have otherwise prohibited the sale of Sanofi and Regeneron’s Praluent® (alirocumab) product in the United States until...more

Petition for Rehearing Denied in Doe v. Etihad Airways, P.J.S.C.

by Holland & Knight LLP on

On Oct. 6, 2017, the U.S. Court of Appeals for the Sixth Circuit denied the airline's petition for rehearing and rehearing en banc in Doe v. Etihad Airways, P.J.S.C. As discussed in our previous post on this case, the panel...more

PTAB Grants Rare Rehearing Due To Insufficient Evidence Of Obviousness

by Jones Day on

In Coalition For Affordable Drugs VI, LLC v. Celgene Corp. (2015-01096, -01102, -01103), the PTAB granted Patent Owner Celgene’s request for rehearing of a final written decision that had found the challenged claims invalid...more

Celgene Notches Rare Win On PTAB Request For Rehearing

by Foley & Lardner LLP on

The recent decisions of the USPTO Patent Trial and Appeal Board (PTAB) granting Celgene’s requests for rehearing in parallel Inter Partes Review proceedings brought by Kyle Bass’s Coalition for Affordable Drugs (CFAD) are...more

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

by Holland & Knight LLP on

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that...more

Expanded PTO Panels and Improper Joinder: The Federal Circuit Fires a Warning Shot

by Jones Day on

The Federal Circuit’s decision in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., (Fed. Cir. No. 16-2321), expresses a growing discomfort with the Patent Office’s practice of joinder and expanded panels....more

Federal Circuit Signals that Issue Joinder and Expanded Panels May Not Be Long for the IPR World

A fairly straightforward Federal Circuit decision today affirming a PTAB determination of obviousness provides insight into a potential reining in of the PTAB on two issues. In Nidec Motor Corp. v. Zhongshan Broad Ocean...more

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

by Latham & Watkins LLP on

Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

Major Companies Call for Second Circuit to Declare Discrimination Based on Sexual Orientation Unlawful under Title VII

by Bowditch & Dewey on

On May 25, 2017, the Second Circuit Court of Appeals agreed to rehear the case of Zarda v. Altitude Express, Inc. to determine whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...more

PTAB Confirms Decision Denying Institution Based on District Court Action Ultimately Dismissed Without Prejudice

On July 6, 2017, the Patent Trial and Appeal Board (the “Board”) denied Petitioner Ford Motor Company’s (“Petitioner”) request for rehearing of the Board’s decision denying institution of multiple inter partes reviews (IPR)...more

A step in the right direction: China’s TRAB launches new trademark review hearing system

by Hogan Lovells on

Under the Chinese Trademark Law, the Trademark Review and Adjudication Board (“TRAB“) decides on review procedures filed against decisions by the Trademark Office. Up to date, these TRAB review procedures were strictly...more

Second Circuit Denies Latest Request for En Banc Review in Title VII Sexual Orientation Discrimination Case

The Second Circuit has denied a plaintiff’s request to rehear argument en banc (that is, before all of the court’s judges) in a case alleging that Title VII of the 1964 Civil Rights Act prohibits discrimination based on...more

Florida Supreme Court Refuses to Reconsider Landmark 2016 Ruling on Statute of Limitations for Mortgage Foreclosure

by Burr & Forman on

On March 16, 2017, the Florida Supreme Court denied motions for rehearing and/or clarification filed by petitioners Lewis Brook Bartram, the Plantation at Ponte Vedra, and Gideon M.G. Gratsiani. All three petitioners...more

The PTAB Issues a Rare Grant of Request for Rehearing in View of Institution Decision Overlooking a Figure in Prior Art

by Knobbe Martens on

The Patent Trial and Appeal Board granted a rare request for rehearing of its earlier decision denying institution of an asserted anticipation ground in Asustek Computer, Inc. v. Avago Technologies General IP (Singapore) Pte....more

DC Court of Appeals Orders Rehearing of PHH v. CFPB

by Goodwin on

On February 16, 2017, the United States Court of Appeals for the DC Circuit granted Respondent Consumer Financial Protection Bureau’s (CFPB) petition for rehearing en banc of PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir.). In...more

Consistently Inconsistent? Fifth Circuit Appears to Have Conflicting Approaches to Damages Under the ADEA and FLSA

Can a plaintiff get pain and suffering or punitive damages in a retaliation claim under the Age Discrimination in Employment Act (ADEA)? In Vaughan v. Anderson Regional Medical Center, the Fifth Circuit, denying both an...more

PTAB Changes Final Written Decision Upon Rehearing and Finds Additional Claim Unpatentable

The Patent Trial and Appeal Board (PTAB or “Board”) granted a petitioner’s request for rehearing and modified its Final Written Decision finding an additional claim unpatentable. Previously, the PTAB issued a Final Written...more

Dissenting from Order Denying Rehearing En Banc, Judges Voice Concerns About Overbroad Criminal Statutes Enabling Prosecutorial...

Yesterday the Second Circuit issued an order denying rehearing en banc in United States v. Marinello, No. 15-224, after an active judge of the Court had requested a poll as to whether the case should be reheard by the full...more

PTAB Grants Rare IPR Request for Rehearing in WesternGeco LLC v. PGS Geophysical AS

by Knobbe Martens on

The PTAB recently granted a request for rehearing and modified the final written decision in WesternGeco LLC v. PGS Geophysical AS, IPR2015-00313, Paper 43 (P.T.A.B., Feb. 3, 2017). This is an extremely rare event....more

Institution of a Subset of the Claims Challenged in an IPR Does Not Thwart Congress’ Efficiency Goal

On January 19, 2017, the Patent Trial and Appeal Board (PTAB) denied the Department of Justice’s (DOJ) request for rehearing regarding the PTAB’s institution decision for U.S. Patent No. 7,323,980. In its institution...more

Fourth District Court of Appeal Breathes Life Back into Lis Pendens Statute

by Burr & Forman on

Florida’s Fourth District Court of Appeal breathed life back into the lis pendens statute by reversing course in Ober v. Town of Lauderdale-By-the-Sea. On a motion for rehearing, the Court withdrew and replaced its August 24,...more

Supreme Court Calls for the Views of the Solicitor General in a Case That the 7th Circuit Could Not Review En Banc

by Foley & Lardner LLP on

Last summer, we wrote about a unique situation that arose in the case of Rubin v. Islamic Republic of Iran, No. 14-1935 (7th Cir. July 19, 2016), in which the Seventh Circuit found itself unable to assemble a “majority” of...more

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