Fed. Circ. Overstepped In Menu Patent Fight, Full Court Told

Law360 (December 3, 2019, 9:02 PM EST) -- Ameranth Inc. has asked the full Federal Circuit to revive several of its online menu patent claims challenged by Domino's Pizza, saying the panel deemed them abstract without sufficient evidence and wrongly altered patent eligibility standards.

In a petition for rehearing Monday, Ameranth tore apart the panel's Nov. 1 decision, accusing it of drawing inappropriate conclusions and claiming the company never had the chance to defend certain patent claims. Additionally, Ameranth said the panel added an enablement requirement to challenges under the section of the Patent Act dealing with patent-eligible subject matter.

Ameranth, which sells wireless systems for the hospitality market, had accused...

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