The Federal Circuit has issued its CLS Bank decision on the eligibility of computer-implemented inventions for patenting. The decision is a stunner. To quote the Court, “No portion of any opinion issued … garners a majority. … [N]o majority … agrees as to … legal rationale … [N]othing said today … has the weight of precedent.” The one exception to these statements is that a majority of the judges agreed that the method claims in the case were not patent-eligible. But again —they did not agree on the rationale.
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