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Alice v. CLS Bank (2012, USA)

Revision as of 15:42, 13 January 2013 by Ciaran (talk | contribs) (News selection: ===Patently-O's coverage===)

CLS Bank International v. Alice Corporation Pty. Ltd. is a patent dispute which raises questions of whether (or when) software can be patentable subject matter. This is thus one of the rare patent disputes that could create important case law.


Amicus briefs for CAFC en banc

The following are the 18 briefs listed by Patently-O on 19 December with the comment that "briefing continues" and that the brief from Alice and those supporting Alice are due in January 2013. I've read conflicting information about the deadlines (discussed below).

  1. Business Software Alliance (See also: Business Software Alliance)
  2. EFF (See also: Electronic Frontier Foundation)
  3. CCIA (See also: CCIA)
  4. Clearing House Ass'n
  5. Google et al. (See also: Google)
  6. Stites
  7. British Airways
  8. Profs Hollaar & Trzyna
  9. Juhasz law firm
  10. Philips (See also: Philips)
  11. Internet Retailers
  12. IP Owners Ass'n
  13. USA govt. (See also: US government)
  14. Sigram Schindler
  15. NY IP Law Ass'n
  16. IP Law Ass'n of Chicago
  17. Conejo Valley Bar Ass'n
  18. IBM (See also: IBM)

Deadline for the en banc hearing

Can someone help reconcile these conflicting sources of information on the deadline for filing an amicus brief?

  • A lawyer told me the deadline was 45 days after the en banc order, which would make the deadline 22 Nov 2012
  • The en banc order says to see Rules of Practice, Rule 29, and that rule's "practice notes" say to see Rule 31(a), which says "In an appeal from a court, the appellant must serve and file its initial brief within 60 days after docketing.", which would be 9 December 2012 (if "docketing" happens on the day of the en banc order).
  • But the en banc order was 9 Oct and yet US govt filed their brief on 14 Dec, and Patently-O said on 19 Dec that "briefing continues"

So what was the deadline? Or is it still open??

Timeline

Newest first, dates as YYYY-MM-DD, just the highlights:

  • 2012-11-22: Deadline for submitting amicus brief for the en banc rehearing (right? 45 days after the en banc order)
  • 2012-10-09: CAFC vacates own 9 July opinion and agrees to rehear case en banc
  • 2012-07-09: CAFC publishes opinion in this appeal ("panel decision"): upholds the patent
  • 201?-??-??: Appeal filed to CAFC; granted
  • 2011-03-09: District court enters final judgement: invalidates the patent
  • 2010-02-02: CAFC denies petition for interlocutory appeal
  • 2007-05-??: CLS Bank files suit for declaratory judgement of non-infringement or invalidity
  • 200?-??-??: Alice accuses CLS Bank for infringement

For more complete timelines, see the court rulings and amicus briefs, particularly the CAFC's 9 July 2012 ruling: [1].

External links

Court documents

Patently-O's coverage

Newest first...