Fed. Circ. Revives Supply Chain Patent Suit Against SAP

Law360, New York (February 24, 2014, 8:59 PM EST) -- The Federal Circuit on Monday revived part of Elcommerce.com Inc.'s suit against SAP AG over a supply chain management patent, ruling that the lower court should have required SAP to present clear and convincing evidence that the patent was invalid as indefinite.

When he ruled in 2011 that Elcommerce.com's patent was invalid, Judge Jan Dubois accepted SAP's incorrect argument that Federal Circuit precedent does not require evidence of how a person skilled in the art would interpret the claims. That is simply not the case, the...
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