Case: Soverain Software LLC v. Newegg Inc., No. 2011-1009 (Fed. Cir. Sept. 4, 2013) (per curium). On appeal from E.D. Tex. Before Newman, Prost, and Reyna.

Procedural Posture: The parties requested rehearing to address the status of a dependent claim that had been in suit but that was not substantively addressed during the previous appeal to the CAFC.

  • Obviousness: The CAFC held that a dependent claim that is not separately argued on appeal rises or falls with its independent claim. Because the CAFC had affirmed the district court’s holding of obviousness as a matter of law for the independent claim, the dependent claim, which had not been separately argued on appeal, was also invalid as obvious.