News & Analysis as of

CLS Bank Alice Corporation Supreme Court of the United States

Goulston & Storrs PC

Who Is Alice and Why Is She Invalidating Patents?

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On June 19, 2014, the Supreme Court issued its decision in Alice Corporation Pty. Ltd. v. CLS Bank International, clarifying what it means to be patentable subject matter. With one stroke of the pen, the Supreme Court...more

Fenwick & West LLP

Analysis of Preliminary Examination Instructions in view of the Supreme Court Decision in Alice Corp. v. CLS Bank.

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On June 25, 2014, just six days after the Supreme Court decided Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the USPTO issued its Preliminary Examination Instructions (“Guidance”) in view of the case. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Issues Decision in Alice Corp. v. CLS Bank

There's an old saying that “bad facts make bad law,” acknowledging that a court's decisions regarding extreme cases can result in law poorly adapted to less extreme cases. The Supreme Court's recent trio of 35 U.S.C. § 101...more

Fenwick & West LLP

What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?

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The Supreme Court’s ruling against broadly claimed software patents in Alice Corp. v. CLS Bank leaves many questions on patent eligibility unanswered, which means the controversy and confusion over the scope of patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

Knobbe Martens

Federal Circuit Review - Nautilus, Limelight, and Alice (July 2014)

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Supreme Court Sets New Indefiniteness Standard - In Nautilus, Inc. v. Biosig Instruments, Inc., Appeal No. 13-169, the Supreme Court vacated and remanded Federal Circuit’s reversal of summary judgment because the...more

Buchalter

What to Know After the Latest Patent Ruling by the U.S. Supreme Court

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In June, the U.S. Supreme Court unanimously affirmed its earlier ruling on patent claims involving computers and software. In light of that decision, companies and inventors that have business methods patents, software...more

Fenwick & West LLP

Where are You, Congress? Alice v. CLS Bank and “The Case Against Patents”

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A recent episode of NPR’s “Planet Money” was entitled “The Case Against Patents.” Several notable commentators in that episode questioned whether patents help or hinder innovation, whether history supports the benefits of a...more

Winstead PC

Are Computer-implemented Inventions Patent Eligible? Go ask Alice

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On June 19, 2014, the U.S. Supreme Court issued a unanimous decision in Alice Corp. v. CLS Bank Int’l (Alice). In Alice, the Court held that several computer-implemented patents were not eligible for patenting under 35...more

Faegre Drinker Biddle & Reath LLP

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

King & Spalding

Alice Corp.—Through the Looking Glass Darkly

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Continuing its recent series of patent law decisions, the Supreme Court issued its opinion in Alice Corp. v. CLS Bank International on June 19, 2014. The question before the Court was whether Alice Corp.’s patent claims,...more

Foley & Lardner LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

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

Robins Kaplan LLP

Software and Trade Secrets: Rethinking IP Strategies after CLS v. Alice

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Historically, the patent system has provided broad protections to software innovations. In the past, software patent holders could prevent competitor infringement without much need for a comprehensive disclosure of the...more

Ladas & Parry LLP

Abstract idea not converted to patentable invention by performance on a computer; Must be applied in an inventive manner

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In a unanimous decision on June 19, 2014 authored by Justice Thomas, the Supreme Court in Alice Corp. v. CLS Bank Intl. held that an abstract idea did not become patent-eligible simply by performing that idea on a computer....more

BakerHostetler

What CLS Bank Taketh, Copyright May Giveth Back

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Courts, commentators and clients will be struggling for some time to assess the impact on software patents of Thursday’s Supreme Court decision in Alice v. CLS Bank. Interpreted one way, the decision kills patents directed at...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

Orrick, Herrington & Sutcliffe LLP

Alice v. CLS Bank: A Unanimous Supreme Court Rules On When Computer Claims are Patent-Eligible Under 35 U.S.C. § 101

On June 19, 2014, the United States Supreme Court issued its opinion in Alice Corp. Pty. Ltd. v. CLS Bank International, No. 13-298, addressing the question of when patents claiming aspects of computer software satisfy the...more

Foley & Lardner LLP

How the Supreme Court Decision in Alice Corp. v. CLS Bank Undermines the USPTO Subject Matter Eligibility Guidance

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On June 19, 2014, the Supreme Court issued its decision in Alice Corp. v. CLS Bank International, finding that patents directed to “a computer-implemented scheme for mitigating ‘settlement risk’” were invalid as being drawn...more

Akerman LLP

The Name of the Game Remains the Claim

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In a long-awaited, patent-law ruling involving a computer-implemented system, the Supreme Court in Alice Corp. v. CLS Bank Int’l, No. 13–298, 2014 WL 2765283 (U.S. June 19, 2014) unanimously affirmed that the claims in that...more

Buchalter

Alice is Unanimous – The Latest on Software and Business Methods Patents from the U.S. Supreme Court

Buchalter on

Last week, the U.S. Supreme Court unanimously affirmed their earlier ruling on patent claims involving computers and software. For the most part, those companies and inventors who have business methods patents, software...more

McDermott Will & Emery

Supreme Court on Evaluation of Claims to Computer-Implemented Inventions under 35 U.S.C. § 101

McDermott Will & Emery on

On June 19, 2014, the Supreme Court of the United States issued its much anticipated decision in Alice Corporation Pty. Ltd. v. CLS Bank International et al., confirming that computer-implemented inventions, such as computer...more

Ballard Spahr LLP

Supreme Court Sets Framework for Determining Software Patent Eligibility

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The U.S. Supreme Court recently issued an important opinion in Alice Corp. v. CLS Bank International regarding the patent eligibility of basic business methods covered in computer software patents. Writing for the unanimous...more

Stinson LLP

Software Patents Vulnerable: Use of a Computer is "Not Enough"

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The U.S. Supreme Court's decision in Alice Corp. v. CLS Bank Int'l has effectively shut the door on obtaining patent protection for conventional business methods implemented on a computer. However, the decision leaves open...more

McNees Wallace & Nurick LLC

Alice Corp. V. CLS Bank Int'l Refines Standard for Software Patents

The Supreme Court on June 19, 2014, set forth a new test that refines the standard to patent computer implemented methods. In Alice Corporation v. CLS Bank International, the patents in issue claimed a method for mitigating...more

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