Chrimar Systems, Inc. filed a petition for en banc rehearing with the Federal Circuit on October 21 asking it to review the so-called Fresenius-Simmons preclusion principle. The petition has a high hurdle to meet, as the underlying Federal Circuit decision was nonprecedential, but the petitioners argue that the case qualifies as a rare exception warranting en banc review.
Litigation
- The Fintiv Deception: Leahy’s Legislative ‘Fix’ is Unwarranted in Light of Sotera Wireless
- Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees
- CAFC Shoots Down Due Process Challenges to PTAB Structure
- SCOTUS Grants Government’s Request to Participate in Case Interpreting PRO IP Act Language on Copyright Invalidation
- In re Surgisil: Boon, Burden, or Mixed Bag for Patent Applicants and Patentees?
Recent Posts
- COVID IP Waiver Attempts are Becoming Harder to Justify
- Coons and Hirono Raise Concerns Over Pride in Patent Ownership Act Penalties
- The Fintiv Deception: Leahy’s Legislative ‘Fix’ is Unwarranted in Light of Sotera Wireless
- An Ax(le) Needs Grinding: Can the Federal Circuit Turn the Wheel?
- India’s Prius Judgment and Trans-Border Reputation of Trademarks