A Powerful Tool For Challenging Business Method Patents

Law360, New York (July 3, 2014, 10:32 AM EDT) -- The U.S. Supreme Court’s recent decision in Alice Corp. v. CLS Bank has garnered significant attention, but ultimately did little more than confirm what was apparent since the court’s Bilski opinion four years ago, namely that some method claims — especially business method claims — are subject to substantial attack under §101 if the claimed steps are performable by a human and are not meaningfully coupled to a tangible device other than a general-purpose computer.

The Alice patents included method claims directed to facilitating the exchange of financial obligations between two parties. The claims recited specific steps for mitigating “settlement risk”...

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