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Expert Analysis

How Fed. Circ. Guides PTAB On CBM Review: Part 1

By Brian Mudge and Andrew Kasnevich ( August 7, 2017, 1:57 PM EDT) -- We have previously written about the scope of patents eligible for covered business method review, including the Patent Trial and Appeal Board's inconsistent approaches in determining whether patents qualify for CBM review and the Federal circuit's narrowing of the eligibility standard employed by the PTAB.[1] On June 6, 2017, a divided Federal Circuit issued an order in Secure Axcess denying petitions for rehearing en banc.[2] By declining en banc rehearing, the Federal Circuit may have placed a stamp of finality on the scope of CBM review....

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