Justices Wary Of Making Call On Patent-Eligible Software

March 31, 2014

Daniel Brownstone, an attorney in Fenwick & West’s patent group, spoke with Law360 about the Alice Corp. v. CLS Bank U.S. Supreme Court hearing on March 31 for the article “Justices Wary Of Making Call On Patent-Eligible Software."

The article reports that “Court justices appeared inclined Monday to invalidate several patents on a computerized trading platform, but struggled with how to evaluate when software inventions are patent-eligible.” 
According to the article, this struggle could lead them to “issue a narrow decision invalidating Alice's patents” following in the footsteps of recent decisions on patent eligibility in Bilski v. Kappos and Mayo v. Prometheus.
The article paraphrases Brownstone as saying “that would again leave the patent bar, which has struggled with interpreting past rulings, without meaningful guidance.”

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