News & Analysis as of

Planet Bingo, LLC v. VKGS LLC (Fed. Cir. 2014)

Planet Bingo is the assignee of U.S. Patent Nos. 6,398,646 and 6,656,045, both directed to computer-implemented methods and systems for managing bingo games. Planet Bingo filed an infringement action in the United States...more

Australia awaits Federal Court guidance on the patentability of computer-implemented inventions

Anyone with an interest in the patentability of computer-implemented inventions in Australia has been awaiting judgment in the appeal to the Research Affiliates LLC v Commissioner of Patents decision. Anticipation is...more

The USPTO’s Response to Alice Corp. v. CLS Bank

Six days after the Supreme Court handed down its opinion in Alice Corp. v. CLS Bank, which invalidated certain patents disclosing “a computer-implemented scheme for mitigating ‘settlement risk,’” the USPTO issued its own...more

High Court Says Computerized Abstract Ideas Not Patent Eligible

In its highly anticipated decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, the United States Supreme Court unanimously ruled that an abstract idea is not patentable simply because it is implemented on a computer....more

The Supreme Court Declines to Categorically Deny Patent Protection for Software

In a highly-anticipated case that had the potential to drastically change the patent landscape surrounding computer-implemented inventions, in Alice Corp. v. CLS Bank Int’l the Supreme Court took a measured approach to the...more

Supreme Court Hears Oral Argument in Alice Corp. v. CLS Bank Int'l

On Monday, March 31, the Supreme Court heard oral arguments in the closely-watched Alice Corp. v. CLS Bank Int'l case. The question presented was "[w]hether claims to computer-implemented inventions -- including claims to...more

Alice Corp. v. CLS Bank Int'l: Alice's Supreme Court Brief

On December 6th, the Supreme Court granted certiorari to a case that presents the question of "[w]hether claims to computer-implemented inventions -- including claims to systems and machines, processes, and items of...more

District Courts Staying Cases Pending CLS Bank, but the Federal Circuit Decides One

In December, the Supreme Court granted certiorari in CLS Bank Int’l v. Alice Corp., No. 13-298, in which the question presented by the petitioner is “[w]hether claims to computer-implemented inventions — including claims to...more

Alice Corp. v. CLS Bank Amicus Briefs Filed, Reckoning Day Approaches

Last week, we filed two amicus briefs with the Supreme Court in Alice Corp. v. CLS Bank, one on behalf of Advanced Biological Laboratories (ABL), and one for Ronald M. Benrey (Benrey). It goes without saying that this is the...more

SmartGene, Inc. v. Advanced Biological Laboratories, SA (Fed. Cir. 2014)

While non-precedential, this recent Federal Circuit decision further illustrates the Court's thinking with regard to the patent-eligibility of computer-implemented inventions under 35 U.S.C. § 101, and provides a reminder...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

Intellectual Property Bulletin - Summer 2013

January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more

Ultramercial, Inc. v. Hulu, LLC (Fed. Cir. 2013)

It has been just over a month since the Federal Circuit's fractured en banc ruling in CLS Bank Int'l v. Alice Corp. regarding patent-eligibility of computer-implemented inventions under 35 U.S.C. § 101. Last week, the Court...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

Closely Watched Appeals Court Ruling Provides Limited Guidance on Future of Computer and Software Patents

Earlier this month, the Federal Circuit Court of Appeals issued its en banc decision in CLS Bank v. Alice Corp. (CLS), which was expected to clarify the standard for patent eligibility of computer-implemented inventions....more

The Broader Meanings of the CLS Bank Decision

Much has and will continue to be written about the Federal Circuit's en banc decision in CLS Bank Int'l v. Alice Corp. last week, and most of the commentary has and will be critical of the path the court took in arriving at...more

CLS Bank v. Alice Corp. Leaves Rules for Patent-Eligibility of Computer-Implemented Inventions Unclear

The Court of Appeals for the Federal Circuit issued a ruling on May 10 that may limit the subject matter eligibility of patent claims involving computer-implemented inventions. While legal practitioners had hoped this case,...more

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part

A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence. As noted in that post, Alice's claimed inventions involved the reduction of settlement risk using a third-party...more

Federal Circuit Issues Decision on Section 101 Patent Eligibility of Computer-Implemented Inventions

On May 10, 2013, the Federal Circuit issued its en banc decision in CLS Bank Int’l v. Alice Corp. (Case No. 2011-1301), a closely watched dispute regarding the standard for patent eligibility under 35 U.S.C. § 101. The per...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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