En Banc Activity

Here is an update on recent en banc activity in patent cases at the Federal Circuit. It has been another quiet week. Highlights include a new petition raising a question related to the definiteness requirement and a denial of a petition raising a question related to claim construction. Here are the details.

New Petition

A new petition was filed in one case.

In Infinity Computer Products, Inc. v. Oki Data Americas, Inc., Infinity Computer Products asked the en banc court to review the following question:

  • “[W]hether the full prosecution history, including subsequent prosecution history for the asserted patents in which an explicit definition of the subject term is tendered, accepted and applied, can correct an alleged ambiguity from years earlier or instead the term is forever and irredeemably indefinite.”


The Federal Circuit denied a petition in the following case: