Software Patent Ruling A Major Judicial Failure, Rader Says

Law360, Washington (October 25, 2013, 6:36 PM EDT) -- Chief Federal Circuit Judge Randall R. Rader told a conference of intellectual property attorneys on Friday that the notorious en banc decision in CLS Bank v. Alice Corp. was the greatest failure of his judicial career, but said his court may well issue further guidance on software patents.

In a brief and at times jovial question-and-answer session at the annual meeting of the American Intellectual Property Law Association, Judge Rader said the May decision failed to provide the intellectual property bar adequate guidance on the patentability of software.

“I think honestly, I would consider [CLS] personally my greatest failure in my...

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