Alice v. CLS Bank: How Far Has the Needle Moved?

In her dissent to the Federal Circuit Alice decision, Judge Moore predicted that the majority view would result in “the death of hundreds of thousands of patents.” Now that the U.S. Supreme Court has affirmed that decision this June, some experts second that view, seeing the top court’s opinion as a severe body blow to many software patents. Other experts see this recent decision as representing not much of a change from the court’s 2010 Bilski decision. Tune in and decide who is right.

Our panel includes a litigator who invalidated Cybersource’s patent claims at the Federal Circuit on Section 101 grounds; an expert in business-method claims who works for an IP-focused investment bank, and a software patent prosecutor and strategist. They will discuss:

  • How much will Alice impact patent applications at the USPTO, Covered Business Method post-grant proceedings at the PTAB, and invalidity arguments in district court?
  • What kinds of applications and patents are most vulnerable?
  • What will the USPTO, district courts, and the Federal Circuit do with the vague tests articulated by Alice regarding “abstract ideas” and “inventive concept”?
  • What can patent owners and applicants who are at risk do to shore up their IP protection?