High Court’s Alice Ruling Brings Software Patent Clarity

June 19, 2014

​Fenwick & West patent litigation partner Darren Donnelly was quoted in a Law360 article on the Supreme Court decision in the patent case Alice Corp. v. CLS Bank, in which the court ruled that the use of a computer to implement an abstract idea does not make that idea patent eligible. While the decision did clarify that the use of a computer does not make an abstract idea patent eligible, Donnelly pointed out that the ruling still does not clearly define what qualifies as an abstract idea.

"I would not say we are out of the murk," Donnelly told Law360. "It's very clear that the ruling is not describing the boundaries of what is an abstract idea."

The full article is available through the Law360 website (subscription required).