Law360, New York ( June 11, 2014, 6:42 PM EDT) -- Many have stated that the two predominant opinions in the Federal Circuit's en banc decision in CLS Bank v. Alice Corp.[1] highly disagree. However, there are overlooked agreements in the two opinions. Specifically, both opinions interpret the meaning of "routine" in the U.S. Supreme Court's Mayo v. Prometheus decision[2] to mean "necessary" when applying a preemption test for determining patentable subject matter. This agreement is striking and relevant to the PTO's new § 101 guidelines, and is relevant to the Supreme Court's imminent decision in CLS Bank....
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