Patent, Dissent from denial of en banc
(Reminder: We don't know many things, but we especially don't know Patent. Entertainment purposes only, as always.)
Using the merits panel to screen patent challenges is contrary to statute, and risks prejudgement.
ETHICON ENDO-SURGERY, INC. v. COVIDIEN LP [ORDER RE EN BANC PETITION]]
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.