Difference between revisions of "CLS Bank v. Alice ruling by US CAFC on 8 May 2013"
(==The Court's opinion(s)== The court published an extremely splintered ruling: * [http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-1301.Opinion.5-8-2013.1.PDF The ruling (11-1301) US C) |
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Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under that statute. | Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under that statute. | ||
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So the judges agreed that the patents were invalid, but disagreed on why. The various rationales are contained in their individual opinions. | So the judges agreed that the patents were invalid, but disagreed on why. The various rationales are contained in their individual opinions. | ||
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==Experts' reactions== | ==Experts' reactions== | ||
Revision as of 08:00, 14 May 2013
- Big news; will post analysis in the next few hours. Contributions to this page very welcome. (11 May 2013)
For background to this court case, see: CLS Bank v. Alice (2012, USA)
This is a very important ruling. The US CAFC ruled en banc (all the judges together). The only appeal left that could change this would be to the US Supreme Court.
The Court's opinion(s)
The court published an extremely splintered ruling:
The 10 judges wrote 7 opinions, for a total of 135 pages, and the only text they could agree on was this paragraph which is the official opinion of the court:
Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under that statute.
So the judges agreed that the patents were invalid, but disagreed on why. The various rationales are contained in their individual opinions.
Experts' reactions
- CLS Bank v. Alice Corp: Court Finds Many Software Patents Ineligible, Patently-O
- Federal Circuit, en banc, rules in CLS Bank, Groklaw
- Software Patent Eligibility, David Schwartz
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