Thursday, May 31, 2018

No en banc re-hearing in BERKHEIMER v. HP INC

From the concurring opinion of Judge Lourie (joined by Judge Newman) in Berkheimer:

Accordingly, I concur in the decision of the court not
to rehear this § 101 case en banc. Even if it was decided
wrongly, which I doubt, it would not work us out of the
current § 101 dilemma. In fact, it digs the hole deeper by
further complicating the § 101 analysis. Resolution of
patent-eligibility issues requires higher intervention,
hopefully with ideas reflective of the best thinking that
can be brought to bear on the subject.


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