Lawyer Commentary Mondaq United States On Rehearing, Dependent Claim That Was Not Separately Argued Fell With Independent Claim

On Rehearing, Dependent Claim That Was Not Separately Argued Fell With Independent Claim

Document Cited Authorities (1) Cited in Related

In Soverain Software LLC v. Newegg Inc., No. 11-1009 (Fed. Cir. Sept. 4, 2013), the Federal Circuit granted rehearing and amended the judgment in Soverain Software LLC v. Newegg, Inc., 705 F.3d 1333 (Fed. Cir. 2013), in which independent claim 34 of U.S. Patent No. 5,715,314 ("the '314 patent") was held to be invalid for obviousness, and finding that dependent claim 35 of the '314 patent is also invalid for obviousness. Independent claim 34 of the '314 patent, upon which claim 35 depends, is generally directed to a network-based sales system that includes a buyer computer, a shopping cart computer, and a shopping cart database. Claim 34 provides, among other...

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