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En Banc Federal Circuit Holds, 'Section 271(f) Does Not Cover Method Claims' by Daniel Scott Leventhal
Fulbright & Jaworski L.L.P. - Houston Office
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August 21, 2009
On August 19, 2009, an en banc panel of the Federal Circuit held that Section 271(f) of the Patent Act (35 U.S.C. § 271(f)) does not cover method claims. Cardiac Pacemakers, Inc. v. St. Jude Med., Inc., No. 2007-1296, slip op. at 17 (Fed. Cir. Aug. 19, 2009). In doing so, the Federal Circuit reversed a previous Federal Circuit panel decision, Union Carbide Chem. & Plastics Tech. Corp. v. Shell Oil Co., 425 F.3d 1366 (Fed. Cir. 2005).
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