CLS Bank Ruling Provides No Guidance On Patent Eligibility

Law360, New York (May 13, 2013, 11:50 AM EDT) -- On May 10, 2013, the U.S. Court of Appeals for the Federal Circuit released its highly anticipated decision in CLS Bank International v. Alice Corp. Pty. Ltd., No. 2011-1301 (Fed. Cir. May 10, 2013) ("CLS III"), concerning the patent eligibility of computer implemented claims under 35 U.S.C. § 101. Although the court, considering the case en banc, did agree that the computer implemented claims-at-issue were not patent-eligible, the court's rationale, presented in six separate opinion with additional reflections by Chief Judge Randall Rader, was divided. Unfortunately, this decision provides patent practitioners with no definitive guidance as to how to apply a Section 101 analysis to computer implemented claims....

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