Early Lessons on Alice Corp. v. CLS Bank International and Section 101 From Recent Court Decisions

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Alice and its immediate aftermath in the lower courts –

In Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014), the US Supreme Court held that claims to “generic computer implementation” of abstract ideas are not eligible for patent protection under 35 U.S.C. § 101. The Court also vacated and remanded the Federal Circuit’s sweeping § 101 decision in Ultramercial, Inc. v. Hulu, LLC, 722 F.3d 1335 (Fed. Cir. 2013), for reconsideration in light of Alice. See WildTangent, Inc. v. Ultramercial, LLC, 134 S. Ct. 2870 (2014).

Alice has had an immediate an impact in the lower courts. On September 3, 2014, in five separate cases described below, a Federal Circuit panel, a Federal Circuit judge sitting by designation on a district court, two district judges and a magistrate judge issued decisions invalidating patent claims under § 101.

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