En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. Highlights include denials of petitions in two related cases. Both raised questions related to claim construction. Here are the details.


The Federal Circuit also recently denied petitions for rehearing en banc in two cases.

In Alexsam, Inc. v. Cigna Corporation, the petition raised the following questions:

  1. Whether “the Panel overlooked facts and misapprehended the law when it found that Appellant waived its right to seek review of a stipulated claim construction.”
  2. Whether “the Panel overlooked Appellant’s argument regarding the meaning of the derivative term, ‘for use in the card system.’”
  3. Whether “the Panel overlooked the totality of the evidence on infringement proffered by Appellant, which included qualified expert opinion and undisputed facts not examined by the Panel.”

In Alexsam, Inc. v. Simon Property Group, L.P., the petition raised the following questions:

  1. Whether “the Panel should have resolved the derivative claim construction, which does not align with the intrinsic evidence.”
  2. Whether “the Panel incorrectly found appellant to have waived its understanding of ‘unmodified.’”
  3. Whether “the Panel ignored key evidence of infringement and misstated appellant’s expert’s full opinion.”