Patent assertion entity DataTern has asked the Federal Circuit to rehear en banc its dispute with Microsoft and SAP, saying it’s the only way to remove the “taint” of former Chief Judge Randall Rader’s subsequently disclosed conflict of interest with Weil, Gotshal & Manges partner Edward Reines, who represented the two tech companies.
Rader resigned as chief judge last month, acknowledging that he had been “inexcusably careless” by sending an email to Reines praising his advocacy skills and appearing to offer his personal endorsement. The court also withdrew decisions in two cases Reines had litigated before three-judge panels that included Rader, including Microsoft v. DataTern. The court then reissued the same ruling, mostly favoring the two tech companies, while removing a dissent Rader had written urging the panel to go further.
