CLS Bank v. Alice Corp. Further Muddies §101 Patent Eligibility

more+
less-

On May 10, 2013, the Federal Circuit issued deeply divided opinions on the standards to be applied to determine patent eligibility of software and business method patents, further opening the door to challenges of such patents under 35 U.S.C. § 101. CLS Bank Int’l v. Alice Corp., No. 2011-1301 (Fed. Cir. May 10, 2013). In a short per curiam opinion, the Court reversed the earlier panel opinion and affirmed by a majority that the method and computer-readable media claims are not directed to patent-eligible subject matter under § 101 and affirmed, by an equally divided Court, that corresponding systems claims were likewise not directed to patent-eligible subject matter.

The Court, however, could not reach a consensus on the standard for analyzing the abstract idea exception to patent eligibility for computer-implemented method claims and systems claims. In short, patent applicants and litigants are left with little concrete guidance regarding the determination of patent-eligible subject matter.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  CLS Bank, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents

Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© White & Case LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »