The Federal Circuit today denied two en banc rehearing petitions:
- Amgen Inc. v. Amneal Pharmaceuticals LLC. This decision focused on merely-tangential exception to the the prosecution-history-estoppel limitation on the doctrine-of-equivalents. The question for the petition is whether the district court must first identify the “rationale underlying [a narrowing] amendment” before deciding that the amendment is not merely tangential to the equivalent in question.
- Mira Advanced Technology v. Microsoft Corporation. Whether the PTAB’s construction of the term “contact list” was “arbitrary and capricious.”