CLS Bank v. Alice Corp.: Divided Federal Circuit Affirms District Court Holding | Practical Law

CLS Bank v. Alice Corp.: Divided Federal Circuit Affirms District Court Holding | Practical Law

A majority of the US Court of Appeals for the Federal Circuit sitting en banc affirmed the district court's holding in CLS Bank International v. Alice Corp. that the asserted computer-related method, media and system claims are not directed to patent eligible subject matter under 35 U.S.C. 101.

CLS Bank v. Alice Corp.: Divided Federal Circuit Affirms District Court Holding

Practical Law Legal Update 1-528-5747 (Approx. 3 pages)

CLS Bank v. Alice Corp.: Divided Federal Circuit Affirms District Court Holding

by PLC Intellectual Property & Technology
Published on 13 May 2013USA (National/Federal)
A majority of the US Court of Appeals for the Federal Circuit sitting en banc affirmed the district court's holding in CLS Bank International v. Alice Corp. that the asserted computer-related method, media and system claims are not directed to patent eligible subject matter under 35 U.S.C. 101.
On May 10, 2013, the US Court of Appeals for the Federal Circuit issued an en banc decision in CLS Bank International v. Alice Corp. In a per curiam opinion, a majority of the court affirmed the district court's holding that the asserted method and computer-readable media claims are not directed to patent-eligible subject matter under Section 101 of the Patent Act. An equally divided court affirmed the district court's holding that the asserted system claims are not directed to eligible subject matter. Seven opinions were filed in total, including additional reflections by Chief Judge Rader, with no opinion other than the per curiam opinion gaining a majority.
For more on the Federal Circuit's decision, see Practice Note, In Dispute: CLS Bank International v. Alice Corporation.