Fed. Circ. Urged To Rehear Apple, Facebook IP Suit

Law360, New York (April 20, 2017, 6:47 PM EDT) -- Evolutionary Intelligence LLC on Wednesday asked the Federal Circuit to reconsider the dismissal of its patent suit against Apple Inc., Facebook Inc. and other technology giants, arguing that the court wrongly applied the Supreme Court’s Alice test to two patents covering computer processes.

In a petition for rehearing and rehearing en banc filed on Wednesday, the company argued that the court didn’t consider the context of its invention when nixing the patents under Alice, which says that abstract ideas implemented using a computer are not patent-eligible under Section 101 of the Patent Act.

“The panel erred by failing to limit the...

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