CLS Bank v Alice Corp

News & Analysis as of

Stating Problems that the Claimed Invention is Trying to Solve Appears helpful to Vindicate Patent Eligibility

In Trading Technologies International, Inc. v. CQG, Inc. et al., [2016-1616] (January 18, 2017), the Court of Appeals for the Federal Circuit (CAFC) affirmed the district court’s holding of patent eligibility with regard to...more

Federal Circuit Rules Software Patent for a User Interface is Patentable Subject Matter

In the recent decision Trading Technologies International, Inc., v. CQG, Inc. et al., the Federal Circuit affirmed a district court's ruling that a software patent on a graphical user interface was patentable subject matter,...more

Zircore v. Straumann: A Method of Manufacturing a Physical Object Is Not an Abstract Idea

In Zircore, LLC v. Straumann Manufacturing, Inc. (E.D. Tex. 2017), as in many patent litigations since Mayo, Myriad, and Alice, the defendant moved to dismiss the infringement allegations contending that the patents in suit...more

Software Is Still Patent Eligible

In recent years, software patents have come under fire from legislation (the American Invents Act) that has generally made patents easier to invalidate, and from court decisions (the Supreme Court’s decision in Alice v. CLS...more

Intellectual Properties Owners Association Proposes Legislative Fix for s. 101

On Wed., February 8, 2017, IPO released the report of its legislation task force. Unlike the hundreds of academic analyses of the legislative history of s. 101 – and this report includes another – the Task Force took the...more

Surviving Alice in the Finance Arts

The U.S. Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank (“Alice”)[i] has had a dramatic impact on the allowability of computer implemented inventions, especially in the finance arts (e.g. insurance, banking, etc.). ...more

Federal Circuit Invalidates Ameranth’s Menu Software Patents as Unpatentable Abstract Ideas

The Federal Circuit’s recent decision in Apple, Inc. v. Ameranth, Inc. highlights the potential impact of characterization of recited features as conventional, routine, generic, or known in the field without further...more

Federal Circuit Continues The Case-By-Case Approach For Determining Patent Eligible Subject Matter

On November 1, 2016, the United States Court of Appeals for the Federal Circuit continued its case-by-case approach for determining patent eligible subject matter under 35 U.S.C. § 101. In reversing the United States District...more

PTAB Finds MRI Machine Claims Patent-Ineligible Under Alice

On December 29, 2016, the Patent Trial and Appeal Board (PTAB) issued a decision rejecting most claims of an application for an MRI machine patent, finding the claims directed toward an abstract idea and therefore...more

USPTO Publishes Business Method Subject Matter Eligibility Examples: Part II

As discussed in a previous article, the U.S. Patent and Trademark Office recently published new subject matter eligibility examples directed to the abstract idea exception to patentability under 35 U.S.C. § 101. These...more

Commodity Trading System and Method are Patent Eligible Subject Matter Under 101

In Trading Technologies International, Inc. v. CQG, Inc., CQG LLC, FKA CQGT, LLC., [2016-1616] (January 18, 2017), the Court of Appeals for the Federal Circuit (CAFC) affirmed a lower court’s holding that the claims of U.S....more

USPTO Publishes Business Method Subject Matter Eligibility Examples: Part I

About a week before the holidays, the U.S. Patent and Trademark Office quietly published a trio of new subject matter eligibility examples directed to the abstract idea exception to patentability. These are the latest in a...more

The Continuing “Evolution” of Alice: a GUI Example

On January 18, 2017, the Federal Circuit, in Trading Technologies International, Inc. v. CQG, Inc., No. 2016-1616 (Fed. Cir. Jan. 18, 2017) (NEWMAN, J.), issued a non-precedential decision affirming the district court’s...more

Gust, Inc. v. Alphacap Ventures, LLC (S.D.N.Y. 2016); O2 Media, LLC v. Narrative Science Inc. (N.D. Ill. 2017)

The Supreme Court's 2014 Alice Corp. Pty. Ltd. v. CLS Bank Int'l decision requires the application of a two-part test to determine whether claims are directed to patent-eligible subject matter. One must first determine...more

Year in Review: The Most Popular Blog Posts of 2016

As 2017 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2016. According to the many readers of Global IP Matters, hot topics included navigating...more

Top Five Stories of 2016

After reflecting upon the events of the past twelve months, Patent Docs presents its tenth annual list of top patent stories. For 2016, we identified twenty stories that were covered on Patent Docs last year that we believe...more

2016 Patent Litigation Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2016 Patent Litigation Year in Review. WSGR’s patent litigation practice is nationwide in scope and has received national recognition in recent years, with our...more

Alice Brings a Mix of Gifts For 2016 Holidays

Like the odd aunt whose holiday gifts can range from the wonderful to the recyclable, in 2016 Alice brought both good and bad tidings. Let’s start with the nice ones....more

Specification as a Tool for Patent Eligibility Analysis

In a recent article, we discussed how courts have used patent specifications in finding that patents satisfy the Supreme Court’s Mayo/Alice test. However, the specification may be a double-edged sword. Language in the...more

Exploring the Legal Contours of Patent Subject Matter Eligibility

I'd like to go back to some first principles and history. Article 1, Section 8 of the Constitution neatly divided the promotion of, on the one hand: Science, the fields of knowledge and ideas, by securing exclusive...more

3 Takeaways - Alice & IEEE Patent Policy Changes: Identifying Techniques & Strategies to Maximize Value or Minimize Risk

Kilpatrick Townsend’s Rich Christiansen was the featured speaker at the recent ACC San Diego Technology Roundtable: Turning a Black Swan into a Golden Goose. He led a case-study discussion using the U.S. Supreme Court Alice...more

The Latest Memorandum from USPTO on Subject Matter Eligibility Provides Additional Guidance for Post-Alice Prosecution

On November 2, 2016, the United States Patent and Trademark Office ("USPTO") issued a memorandum to Examiners ("Memorandum") updating the USPTO's May 2016 subject matter eligibility ("SME") guidance in light of recent...more

Verint Systems Inc. v. Red Box Recorders Ltd. (S.D.N.Y. 2016)

Plaintiff Verint asserted six patents against Red Box (U.S. Patent Nos. 7,774,854, 5,790,798, 6,510,220, RE43,324, RE43,386, and 8,189,763) in the District Court for the Southern District of New York. Red Box rebutted,...more

Improving Patent Eligibility for Your Software Despite the Prohibition of Patent Protection for "Abstract Ideas"

As technologies advance, the Patent Office (as well as the Nation’s courts) must utilize Section 101 of the Patent Act to place reasonable limitations on patent eligibility to ensure that our patent system balances the...more

Post-Alice Section 101 Eligibility Roadmap for Software Inventions

In the wake of Alice the waters of eligibility under section 101 can be challenging to navigate, and particularly so for those seeking to obtain or enforce software patents. A two-part test for eligibility is the standard,...more

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