"The court has been granting en banc petitions at a historically low rate of 0-1 per year, and several of the pending petitions explicitly ask whether the court will continue that trajectory."
"A petition must demonstrate that the panel decision conflicts with a prior decision of the court or that the case presents a question of exceptional importance."
"When the bench is full (12 judges), seven votes are needed. It is not clear to me whether the court is counting Judge Newman who has been 'temporarily' removed from duty."
The Federal Circuit currently has six petitions for rehearing or rehearing en banc in patent cases, a notable concentration for doctrinal correction. Historically, the court grants en banc petitions at a low rate of 0-1 per year. Among the pending petitions, the post-EcoFactor Rule 702 petition in Barry v. DePuy and the Egyptian Goddess/Gorham challenge in Range of Motion v. Armaid are likely to attract attention. En banc rehearing is governed by specific rules requiring a demonstration of conflict with prior decisions or exceptional importance.
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