Patent Appeal Lessons From Fed. Circ. Remote En Banc Args

By Katherine Helm, Jacob Porter and Jeffrey Edwards (March 22, 2021, 3:05 PM EDT) -- En banc review at the U.S. Court of Appeals for the Federal Circuit is a rare practice indeed. The full court has not sat to hear or rehear a patent case during the COVID-19 pandemic, and it has not granted any petitions for rehearing en banc so far in 2021.[1] 

The Federal Circuit has, however, sat remotely en banc for two cases in the past year — both of which have been veterans' cases.[2]

While patent cases account for approximately 60% of the Federal Circuit's docket, veterans' cases have accounted for the vast majority — five out of six — of...

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