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Full Federal Circuit Denies LG’s Petition For Rehearing En Banc

In a unanimous decision issued on May 3, 2018, the full Federal Circuit denied LG's request that the court reconsider, en banc, its precedential decision in Core Wireless v. LG, 800 F.3d 1356 (Fed. Cir. 2018). LG had argued that the decision was "entirely inconsistent" with the Supreme Court's decision in Alice v. CLS Bank, and created a "sweeping exception" to that case.

Core Wireless refuted that contention in its briefing to the en banc court. The Core Wireless decision has been widely cited in a matter of months, including by the Patent Office in a recent guidance to examiners as to Section 101 eligibility. The denial of en banc review upholds Core Wireless as significant precedent, and maintains the Federal Circuit's affirmance of a judgment of patent infringement liability entered against LG with respect to two Core Wireless patents in the Eastern District of Texas. See 2:14-cv-911.

Kayvan Noroozi of Noroozi PC drafted Core Wireless's briefing on appeal, both before the panel and the en banc court.