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Alexandria, VA · Alexandriaby Dennis Crouch By my count, we have nine patent cases with en banc petitions pending before the Federal Circuit. I have divided these up into five categories: patent eligibility, claim construction, IPR procedures and estoppel, equitable defenses (estoppel), and design patent infringement. To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post. Continue reading this post on Patently-O.Read Article
En Banc Update from the Federal Circuit

United States · United Statesby Dennis Crouch In July 2025, the Federal Circuit reversed a Trademark Trial and Appeal Board (TTAB) dismissal of a likelihood of confusion opposition in Sunkist Growers, Inc. v. Intrastate Distributors, Inc., No. 24-1212 (Fed. Cir. July 23, 2025), finding that substantial evidence did not support the Board's conclusion that the marks SUNKIST and KIST have sufficiently different commercial impressions to avoid consumer confusion. The complete …Read Article