Mary LaFrance on the Patent Eligibility of Computer-Implemented Inventions: CLS Bank International v. Alice Corp., 717 F.3d 1269 (Fed. Cir. 2013), cert. granted, 82 USLW 3131 (U.S. Dec. 6, 2013) (PDF)

The Supreme Court's previous musings on the patent-eligibility of software under § 101 have failed to provide the guidance needed by lower courts, practitioners, and patent owners.
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The Supreme Court's previous musings on the patent-eligibility of software under § 101 have failed to provide the guidance needed by lower courts, practitioners, and patent owners. It illustrates the utter confusion. The jurists with the greatest sophistication on matters of patent law -- the judges of the Federal Circuit -- cannot agree on whether § 101 imposes a standard of patentability at all, much less what that standard is.

 

Mary LaFrance is the IGT Professor of Intellectual Property Law at the William S. Boyd School of Law, University of Nevada, Las Vegas. Prior to joining the Boyd School of Law, Professor LaFrance served on the faculty of the Florida State University College of Law and the Florida State University School of Motion Pictures, Television, and Recording Arts. She is the author of numerous books and law review articles on domestic and international intellectual property law, as well as the taxation of intellectual property. Her books include Intellectual Property Cases and Materials (West 4th ed. 2012) (with David Lange, Gary Myers, and Lee Ann Lockridge), Understanding Trademark Law (Matthew Bender 2d ed. 2009), Copyright Law in a Nutshell (West 2008), Global Issues in Copyright Law (West 2009), and Understanding Intellectual Property Law (Mathew Bender 2011) (with Donald Chisum, Tyler Ochoa, and Shubha Ghosh).

 

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