Federal Circuit (Again) Hands Down Revised Opinion in Response to Petition for Rehearing By Kevin E. Noonan — Recently the Federal Circuit has begun a practice of withdrawing an original opinion and handing down a substitute opinion in response to a petition for rehearing and rehearing en banc (see “IIllumina, Inc. v. Ariosa Diagnostics, Inc. (Fed. Cir. 2020)”). The Court followed this practice in what is perhaps its most confusing and controversial application of the Supreme Court’s subject matter eligibility jurisprudence under Alice Corp. Pty. Ltd. v. CLS Bank International by reissuing its decision in American Axle & Mfg. v….
