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Alice v CLS Bank: a serving of Bilski with lashings of Mayo

photo-3rThe Supremes have just handed down the Alice Corp v CLS Bank decision (here). The claims have been held to relate to a patent-ineligible abstract idea and so are not patent eligible under §101. The decision references the Bilksi case and also the framework described in Mayo v Prometheus. There doesn’t seem to be a whole heap of guidance on first reading on what constitutes an abstract idea. Merely reciting the presence of a computer in the claims is not enough though.

More analysis (much more analysis) is sure to follow shortly!

Mark Richardson 19 June 2014

Some Reality Beyond the Gilded Cage – Limelight Networks v. Akamai Technologies

photo-3rIt’s the Summer of Patents at the Supreme Court of the United States of America!  After a number of years when SCOTUS did its level best to ignore all patent matters, the coming into force of the America Invents Act and increased attention to patent issues in general commercial life seems to have created a climate in which the Supremes consider that their guidance on matters of patent law is more frequently needed – there is also a suggestion that the Supreme Court is less than impressed with recent CAFC decisions.  One of the bumper crop of recent cases is Limelight Networks, Inc. v. Akamai Technologies, Inc., available hereLimelight addresses one of several issues relating to infringement of claims relating to activities involving multiple parties communicating electronically – can there be inducement to infringe a claim if no single party has directly infringed that claim? (more…)