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Expert Analysis

How Alice Is Undermining The American Economy

Law360, New York (March 29, 2016, 10:30 AM EDT) -- The 2014 Alice case is a relatively simple one. CLS Bank, a player in foreign exchange settlement, sued Alice Corporation for infringing its patents. Alice Corporation ultimately won. When it published its opinion, the U.S. Supreme Court elected to set out a wholly new judicially created process for deciding the validity of patents under an obscure section of the Patent Act of 1952, Section 101. The court held that the CLS Bank patents were invalid because they were directed to abstract ideas, e.g. financial inter-remediation, was an economic process that was well known prior to the patent being issued....

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