Alice Turns 2: Fed. Circ. Grapples With 'Implicit Exceptions'

Law360, New York (June 22, 2016, 10:56 AM EDT) -- On June 19, 2014, the U.S. Supreme Court ruled that computerized abstract ideas are not patent-eligible. This Law360 Expert Analysis series is examining where we stand two years after the court's landmark decision in Alice Corp. Pty Ltd. v. CLS Bank International.

Bruce D. Sunstein When the U.S. Supreme Court finished with Alice Corp. v. CLS Bank[1] by issuing its decision in 2014, the work of the Federal Circuit in dealing with this case was only just to begin. A defining feature of Alice, borrowed from Mayo v. Prometheus,[2] is reliance on "implicit exceptions"[3] to the patent laws under which the...

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