Federal Circuit Deems Software Patent Ineligible, Provides Little Certainty
May 17, 2013

    In its recent en banc decision inCLS Bank v. Alice Corp, the Federal Circuit has affirmed the finding of subject matter ineligibility of Alice Corp's method and software for management of risk in financial transactions through use of a third party intermediary. The ten-member panel produced seven different decisions, but did not produce any majority opinion. However, seven judges agreed that the method and c....... Read More

    Another issue headed for en banc review by the Federal Circuit: How to assess redesigned products
    May 17, 2010

      In an order Friday, the Federal Circuit granted en banc review of its second case in the past three weeks and its third over the past three months. This time it's a case involving Tivo relating to the contempt proceedings against Echostar relating to Tivo's DVR patents. After Echostar was found to infringe Tivo's patent and was permanently enjoined from infringement, it redesigned its DVR software....... Read More

      Federal Circuit to consider overhaul of inequitable conduct standards en banc
      April 26, 2010

        In an order today, the Federal Circuit granted rehearing en banc in Therasense, Inc. v. Becton, Dickinson & Co. The order indicates the court will be reconsidering its precedent on virtually the entire gamut of issues relating to inequitable conduct. Specifically, the questions presented are:Should the materiality-intent-balancing framework for inequitable conduct be modified or replaced?If so, how? In parti....... Read More

        Federal Circuit to decide scope of attorney-client privilege waiver en banc
        January 26, 2007

          The Federal Circuit this afternoon agreed to hear a case to determine the scope of the waiver of attorney-client privilege when advice of counsel is used to defend against a charge of willful infringement. The order in In re Seagate Technology, LLC, which can be found here, invites the parties to brief the following questions: (1) Should a party's assertion of the advice of counsel defense to willful infri....... Read More

          Federal Circuit considers intent required for inducing infringement en banc
          December 14, 2006

            The Federal Circuit resolved a perceived conflict in its case law regarding the necessary level of intent required for a defendant to be found liable for inducing infringement of a patent. The court considered one subsection of DSU Medical Corp. v. JMS Co. en banc to resolve the conflict. The court held that to prove the intent necessary for liability for inducing infringement, there must be "evidence of culpabl....... Read More

            Majority of Federal Circuit appears ready to reconsider claim construction standard of review
            November 22, 2006

              Today the Federal Circuit denied rehearing en banc in Amgen, Inc. v. Hoechst Marion Roussel, Inc., a case dealing with synthetic human erythropoietin, a protein that stimulates red blood cell production. In order to rehear a case en banc, a majority of active judges on the court must vote to rehear the case. There are twelve judges on the Federal Circuit, five of whom voted to rehear this case, thus rehearing wa....... Read More

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