Making Sense Of CLS Bank In View Of Prometheus, Alappat

Law360, New York (January 21, 2014, 6:54 PM EST) -- ​Nineteen years ago, in In re Alappat,[1] the Federal Circuit held that a mathematical transformation of data to be performed by a general purpose computer was patent-eligible under 35 U.S.C. § 101, reasoning that a computer is a machine and machines are patent eligible. Buried deep within Alappat was a dissent by Chief Judge Glenn Archer[2] containing reasoning virtually identical to that in Mayo v. Prometheus[3] decided by the U.S. Supreme Court almost two decades later.

On March 31, 2014, the Supreme Court will again hear...
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