Category Archives: Litigation
Shippers Rolling the Dice to Gain Oil Pipeline Capacity
With the growing capacity constraints on oil pipelines, the Federal Energy Regulatory Commission (“Commission”) has recently extended the bounds of what it considers acceptable methods of apportioning limited capacity. In Seaway Crude Pipeline Company LLC, 143 FERC ¶ 61,036 (2013), the Commission approved a new lottery system that will select, at random, new shippers who will …
Federal Circuit Fails to Clarify Software Patent Eligibility
In a highly-anticipated decision that was expected to clarify the test for eligibility of software patents under 35 U.S.C. § 101, in CLS Bank Int’l v. Alice Corp.,1 a divided en banc panel of the Federal Circuit upheld the lower court’s determination that the asserted method, computer-readable medium, and system claims are invalid. In doing so, however, …
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