Emerging Trends after Alice Corp. v. CLS Bank, from the Celesq®-West LegalEdcenter IP Master Series
Program Number: 2542IP
Presenter: Brett E. Bachtell, Esq., Amol Parikh, Esq.
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In Alice Corp. v. CLS Bank, the Supreme Court reiterated a framework for distinguishing patents that claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible applications of those concepts. The Court’s decision has had a significant impact on software-related patents. In the wake of the Supreme Court’s decision, there has been a significant increase in the number of motions attempting to invalidate patents based on the Alice decision. The Federal Circuit and numerous district court have had to grapple with these issues and the trend has generally been against owners of software patents. Amol Parikh and Brett E. Bachtell, McDermott Will & Emery, discuss how the Federal Circuit, district courts, and the U.S. Patent Office have applied the Supreme Court’s