News & Analysis as of

In re Patel (Fed Cir 2014)

The Supreme Court has made a sport of reversing the Federal Circuit over the past decade or so, and other than reserved (and sometimes not so reserved) statements by members of the lower court, the Federal Circuit has...more

Supreme Court Invalidates Business Method Patents: What you need to know about Alice Corp. v. CLS Bank International

The patent claims at issue required using a computer system as a third-party intermediary to facilitate the exchange of financial obligations between two parties to mitigate settlement risk. The patents included method,...more

USPTO Asks for Patent Subject Matter Eligibility Comments by July 31, 2014

In a June 30, 2014 Federal Register notice, the USPTO requested public comments by July 31, 2014 on patent subject matter eligibility under the recent Supreme Court decision in Alice Corporation Pty. Ltd. v. CLS Bank...more

USPTO Issues Preliminary Examination Instructions in Light of Alice Corp.

In Alice Corporation Pty. Ltd. v. CLS Bank International, el al., Case No. 13-298 (decided June 19, 2014) (“Alice Corp.”), the Supreme Court unanimously held that the subject patent claims are not patent-eligible under 35...more

USPTO Issues Preliminary Examination Instructions Regarding Alice Corp. v. CLS Bank International

The U.S. Patent and Trademark Office (USPTO) wasted no time providing guidance to its examining corps regarding the recent Supreme Court decision in Alice Corp. v. CLS Bank International. Just one week after the Justices...more

Intellectual Property Alert: Supreme Court Rules Against Broadly Claimed Software Patents, But Offers No Clear Test for Abstract...

In a unanimous decision, the Supreme Court held that patent claims directed to abstract ideas do not become patent eligible by the “mere recitation” of generic computer elements. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, No....more

"US Supreme Court Reiterates Two-Part Test for Patentability of Computer-Based Methods"

In a unanimous decision issued on June 19, 2014, the U.S. Supreme Court found that patent claims for managing risk in a financial transaction were drawn to an abstract idea that was patent-ineligible under 35 U.S.C. § 101....more

Abstract Idea or Real World Software Solution?

On Dec. 6, the U.S. Supreme Court granted certiorari in CLS Bank Intl. v. Alice Corp. Pty. Ltd., 717 F.3d 1269 (Fed. Cir. 2013), to address the patent eligibility of computer implemented inventions. For some, the issue is...more

Software Patents Set for Supreme Court Consideration

The Supreme Court is set to weigh in on the muddled law of software patent eligibility. On Friday, December 6, the Supreme Court granted a petition for certiorari in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al. CLS is an...more

Intellectual Property Newsletter - April/May 2013

In This Issue: News from the Bench: - Six Ways to Sunday: Recent Federal Circuit Opinion Highlights Uncertainty in the Patent Eligibility of Computer-Implemented Inventions - The Federal Circuit Affirms...more

Court Hears Arguments on Patent Eligibility of Computer-Implemented Invention

On Friday, February 8, the Federal Circuit heard oral arguments en banc in CLS Bank v. Alice Corp. (Case No. 2011-1301), a closely watched dispute regarding the standard for patent eligibility under 35 U.S.C. § 101. The...more

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