CLS Bank v Alice may prompt Supreme Court to clarify Bilski

Alli Pyrah, New York


Monday’s Federal Circuit decision in CLS Bank v Alice has created additional uncertainty as to what constitutes a patentable idea, prompting speculation that the Supreme Court may take up the issue

The 2-1 ruling, which upheld Australian company Alice’s patent claims relating to a computerised trading platform which minimises risk, is set to reignite debate over the scope of the abstract ideas exemption to patentability identified by the Supreme Court in Bilski v Kappos.

Mark Lemley of Durie Tangri and Stanford Law School, said the case bucks a trend in recent rulings. In cases such as Prometheus and...



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