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Expert Analysis

Case Study: CLS Bank V. Alice Corp.

Law360, New York (July 25, 2012, 3:15 PM EDT) -- The U.S. Supreme Court repeatedly has explained that abstract ideas are not patentable, in part, because to patent an abstract idea would "preempt use of th[e] approach in all fields."[1] Recent cases have thus called into question whether a claim's "preemptive force" is a standalone test for patentability under §101 of the U.S. Patent Code. In CLS Bank v. Alice, the Federal Circuit clarified that a claim's "preemptive force" does not, standing alone, indicate that the claim is abstract. Instead, preemption merely reinforces a conclusion that the claim is nonpatentable.[2]...

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