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Federal Circuit En Banc Denials Confirm Fact Issues Implicated by Patent-Eligibility Inquiry

The United States Court of Appeals for the Federal Circuit refused rehearing en banc of two significant decisions regarding patent-eligibility under § 101 (Aatrix and Berkheimer) on May 31, with a majority of active judges on...more

Federal Circuit Decisions Raise Bar for Invalidating Patents on Section 101 Grounds Before Trial

Two recent Federal Circuit decisions in the U.S., both penned by Judge Moore, significantly raise the bar for accused infringers seeking to invalidate patents on § 101 grounds before trial. Although one prior Federal Circuit...more

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