U.S. Court of Appeals for the Federal Circuit Denies En Banc Review to Software Patent Petitioners

    Mikaela Berst

    The U.S. Court of Appeals for the Federal Circuit denied a petition for en banc review of the Berkheimer v. HP and Aatrix Software v. Green Shades Software matters.

    Taking as precedent section 101 of the Patent Act as well as the Supreme Court’s ruling in the Alice Corp. v. CLS Bank International matter, the Court found that “whether a claim element is well-understood, routine and conventional to a skilled artisan in the relevant field at a particular time is a fact question.”

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