Soverain Software v. Newegg, No. 11-1009 (Fed. Cir. Sept. 4, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Rehearing is granted for the purpose of clarification of the court’s rulings with respect to claims 34 and 35 of Patent No. 5,715,314. At Soverain Software LLC v. Newegg, Inc. , 705 F.3d 1333, 1337 (Fed. Cir. 2013) , the court held that claim 34 was represe ntative of the “sho p- ping cart ” claims in litigation. The parties requested rehearing, pointing out that although claim 34 was the subject of litigation of the shopping cart claims, the di s- trict court’s judgment referred to claim 35, not claim 34.