In re PersonalWeb Technologies, LLC

 
APPEAL NO.
20-1566, 20-1568, 20-1569
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Lourie

Question(s) Presented

  1. Whether “a claim term written in the alternative form ‘[genus] or [species]’ be construed to be limited only to the species, even though that denies the patentee the full scope of the claim, and even where the specification contains no express disavowal of scope?”
  2. Whether “this Court [may] look to Supreme Court precedent applying the canons of statutory state law preemption—in which the presumption is in favor of a narrow reading—to overrule this Court’s precedent on claim construction, in which the presumption is in favor of a broad reading?”

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