Edward Reines, Weil, Gotshal & Manges partner
Edward Reines, Weil, Gotshal & Manges partner (Jason Doiy)

SAN FRANCISCO — The U.S. Court of Appeals for the Federal Circuit has declined to reconsider a dispute that the losing party said was tainted by former Chief Judge Randall Rader’s friendship with Weil, Gotshal & Manges partner Edward Reines.

The court declined to rehear en banc a dispute between Microsoft Corp., SAP AG and patent assertion entity DataTern Inc., putting to rest one of the side controversies surrounding Rader’s departure from the court. No judges dissented.

Rader resigned as chief judge in May and from the court altogether in June while apologizing for “transgressing limits on judges’ interactions with attorneys who appear before the court.” In particular, he apologized for sending Reines an email conveying praise for Reines’ advocacy skills and inviting him to share the email with others.

The court also withdrew its April decision in Microsoft v. DataTern, which Reines had litigated successfully for Microsoft and SAP, and reissued it as a 2-0 decision with Rader recused.

DataTern, represented by McCarter & English, argued that Rader’s participation had irreparably tainted the panel and petitioned for the full court to reconsider the case.

Reines had urged the court to reject that “cynical view,” and pointed out that court rules empower the remaining two judges on a panel to decide a case in the event of “death, illness, resignation, incapacity, or recusal” of the third member.

Contact the reporter at sgraham@alm.com.