Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, the court denied two petitions raising the same question related to claim construction. Here are the details.
Denials
The Federal Circuit denied the petitions in both Applications in Internet Time, LLC v. Salesforce, Inc. (I) and Applications in Internet Time, LLC v. Salesforce, Inc. (II), in which Salesforce raised the following question:
- “Whether a patent’s specification limits claims so as to require a particular feature when the specification (1) disparages prior art for omitting that feature, (2) describes ‘the invention’ as containing that feature, and (3) discloses only a single embodiment comprising that feature and does not illustrate or describe any alternative to that feature.”