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Pyramid Building with SCOTUS: Alice v CLS Bank

CapitolThe Alice v CLS Bank Supreme Court case has generated a lot of heat and light recently with over 50 amicus briefs filed, countless blog posts, and even a slew of newspaper articles on the subject. With commentary from the pro-software patents and anti-software patents side of the fence, the case was billed as either merely an opportunity to validate recent cases on the issue of patentable subject matter and section 101 (Bilski, Mayo & Myriad) or the End of Days Software Patents. Monday (31 March 2014) saw the oral arguments in front of the Supreme Court of the United States. Would this provide an indication of how the case would go? (more…)

Alice v CLS Bank – a view from a US perspective

CapitolLast year we noted that the US Supreme Court is to take a crack at the Alice v CLS Bank Intl case (see here). Shortly after that post we reported on a CIPA seminar “Patentable subject matter in the US” in which Seth D. Levy of Nixon Peabody gave a good overview of what’s going on with patent subject matter (35 USC §101) in the US.

Seth has subsequently provided some further thoughts on the Alice v CLS case. If you’re interested in hearing what US practitioners think of the referral, what we can expect next and how the Court might rule then please see Seth’s comments below: (more…)

Patentable subject matter in the US

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On 20th September 2013, as part of a CIPA series of webinars, Seth D. Levy (Nixon Peabody) gave a very clear presentation on the state of play with respect to patentable subject matter cases in the US.

Before we get into the review of the presentation it is worth pointing out that although the focus of the talk was on medical diagnostic claims (“a challenging area these days in the US”), there is uncertainty whether there may be wider implications for the software and business method fields in the US.

As such, and speaking as a “software” patent attorney, the subject matter of this presentation should be of interest to all patent attorneys and other interested individuals regardless of their technical field.

The talk covered the following general areas: background to the current state of case law in the US (essentially the Supreme Court prior to Myriad Genetics); Myriad and its aftermath; USPTO Guidance; and prosecution tips. (more…)