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Alice v CLS

  • Should Congress amend Section 101?

    June 22, 2015

    A year on the from the Alice decision, many IP practitioners feel that Section 101 is in a state of ruin. Speakers at the BIO International Convention put forward proposals for Congress to overhaul the much-maligned section

  • The wait for the new USPTO 101 guidance is over

    December 15, 2014

    The USPTO has finally released its new examination guidance on subject matter eligibility under Section 101, with the Office saying it “provides more detail” than its initial Alice guidance and is “a significant change” from its Myriad and Mayo guidance

  • Alice puts business method patents in chains

    December 11, 2014

    Alice v CLS Bank was undoubtedly the biggest patent case in the US this year. But six months on, do lawyers see it as a game-changer or an anti-climax? Managing IP takes some soundings

  • Alice six months on: Patent prosecution caught in two minds

    December 10, 2014

    With new USPTO guidance on Alice v CLS impending, companies applying for patents have been caught between waiting to file to take the guidance into account and making sure they are first to file. Alan Wright assesses how prosecution has been affected since Alice

  • Business method patent issuance has plummeted since Alice

    December 04, 2014

    The latest contribution to the patent troll debate comes from James Bessen, who confirms that patent litigation is down and reveals business method patent issuance is plummeting

  • Digging deeper into NPE patent litigation trends

    December 11, 2014

    It is clear that patent litigation has fallen recently. Managing IP conducted in-depth data analysis to look beyond the headline figures to assess how non-practicing entities are being affected, and which companies have reduced their activity the most

  • Revealed: the defendants winning from patent litigation drop

    November 21, 2014

    Managing IP conducted in-depth data analysis to look beyond the headline figures to assess which defendants are benefiting from the recent decline in patent litigation and also which law firms are up and down

  • Analysis: Software patent lawsuits plummet after Alice

    December 11, 2014

    The number of software patent lawsuits filed was down 42% in the period from July 1 to October 31 compared with the same period in 2013. This contrasts with a 28% drop in all patent lawsuits during that period

  • The reasons for the drop in US patent litigation

    November 21, 2014

    It is not just Alice driving the patent litigation decline in the United States. Managing IP has this week published some data we hope will help inform the public debate around patent litigation and non-practicing entities in particular

  • Federal Circuit sends strong signal in Ultramercial decision

    November 19, 2014

    The claims in the patent at issue in the closely-watched Ultramercial v Hulu case have been invalidated by the Federal Circuit in light of Alice v CLS Bank, after what it describes as an “up and down journey”

  • Australian court looks to Alice

    November 14, 2014

    Practitioners say that this week's Full Federal Court decision in Research Affiliates draws on logic from the US Supreme Court's decision in Alice as well as from the EPO

  • Tips for drafting claims post-Alice

    October 25, 2014

    Presenters in a patent prosecution session at the AIPLA Annual Meeting shared advice and strategies for drafting claims in light of Alice v CLS Bank

  • USPTO aims to issue Alice update in November

    October 25, 2014

    The USPTO’s Andrew Hirshfeld gave an update on how the Office is assessing claims in light of the Supreme Court’s Alice v CLS Bank decision in a patent prosecution session at the AIPLA Annual Meeting

  • Rader: “The law makes no sense any more”

    October 25, 2014

    Former Chief Judge of the Federal Circuit Randall Rader has said that recent Supreme Court decisions have left the United States so out of step with the rest of the world that legislative correction is needed

  • The real standard articulated in Bilski and Alice

    October 24, 2014

    In a session at the AIPLA Annual Meeting yesterday morning, David Wille of Baker Botts examined the Bilski and Alice rulings and suggested that despite the criticisms, the Supreme Court is laying out an alternative approach to the question of patentability

  • Worries over Supreme Court’s flirting with 101

    October 24, 2014

    The impact of the Supreme Court on Section 101 was debated in a star-studded update on the US patent system session at the AIPLA Annual Meeting featuring David Kappos and Laurie Self

  • Alice, Converse, patent reform, Donuts, Rod Stewart – the week in IP

    October 18, 2014

    The effect Alice v CLS Bank is having on USPTO patent rejections, Converse suing 31 companies for trade mark infringement, the prospects for reform if the Republicans win the Senate, Donuts registering its millionth internet address, and the back of Rod Stewart’s head were among the intellectual property stories hitting the headlines this week

  • Is Alice deterring US patent case filings?

    October 09, 2014

    Patent cases filings were down 40% last month compared with September 2013, according to data released this week by Lex Machina

  • Judge notes Alice’s unintended consequence in video game case

    September 30, 2014

    The Central District of California has invalidated non-business-method claims on two video game-related patents, with the judge citing the Alice v CLS Bank decision and noting the dangers of claiming the novel portions of an invention too broadly

  • US patents: buySafe patent called out under Section 101

    September 26, 2014

  • The Alice effect, USPTO defended, Led Zeppelin copyright dispute, Microsoft-Samsung latest – the week in IP

    September 12, 2014

    The number of patents invalidated as a result of Alice v CLS Bank hitting 11, the president of the Patent Office Professional Association defending the USPTO, Led Zeppelin getting ready for a copyright fight over Stairway to Heaven, and a judge setting a Microsoft and Samsung trial date were among the intellectual property stories hitting the headlines this week

  • US Patents: New USPTO treatment of business methods

    September 01, 2014

  • Determining the eligibility of software patents

    September 01, 2014

    Are Australia, New Zealand and the US all heading in the same direction with software patents? David Webber of Davies Collison Cave looks at recent court cases

  • Federal Court invalidates Bingo patents, citing Alice

    August 28, 2014

    On August 26 the Federal Circuit invalidated two patents in a ruling that continues a crackdown on patents the courts find to be too broad in their scope

  • Concurring opinion in I/P Engine v AOL confuses

    August 27, 2014

    A concurring opinion in the Federal Circuit verdict in I/P Engine v AOL that analyses Section 101 in light of Alice v CLS Bank has prompted questions from some IP lawyers

  • USPTO outlines steps it has taken post-Alice

    August 05, 2014

    The USPTO has outlined the steps it is taking to implement the Alice v CLS Bank decision, including issuing preliminary instructions to examiners, withdrawing notice of allowances in some applications that have an abstract idea and asking for public feedback

  • Alice already influencing USPTO and Federal Circuit

    July 21, 2014

    The impact of the Supreme Court’s Alice v CLS decision is already being felt in both patent litigation and prosecution

  • USPTO releases preliminary Alice v CLS guidance

    June 25, 2014

    Following the Supreme Court’s ruling in Alice v CLS Bank, the USPTO has released preliminary instructions to patent examiners relating to the subject matter eligibility of claims involving abstract ideas, particularly computer-related abstract ideas, under Section 101

  • Alice v CLS reaction from around the internet

    June 24, 2014

    The US Supreme Court delivered its opinion in the key patent case Alice v CLS Bank on June 19. We have collected some of the best reactions from Twitter and the web through Storify

  • Snap reaction to Supreme Court’s Alice v CLS opinion

    June 24, 2014

    It was short. It was not a blockbuster decision. It was a missed opportunity. It is to be applauded. It did not do great damage. Nor did it do much good. These are some of the responses to the Supreme Court’s eagerly-awaited 21-page opinion in Alice Corporation v CLS Bank, released on June 19

  • SCOTUS holds patents in Alice v CLS ineligible

    June 19, 2014

    The Supreme Court has affirmed the Federal Circuit’s judgment in its long-awaited Alice v CLS opinion

  • Alice v CLS oral arguments at SCOTUS: The crucial exchanges

    April 02, 2014

    Oral arguments in the most-closely watched patent case of the year were heard at the Supreme Court on March 31, with the Justices’ questions suggesting they might sidestep the controversial question of how to define an abstract idea and one Justice even evoking King Tut

  • Supreme Court agrees to decide on Alice v CLS

    December 06, 2013

    The Supreme Court has confirmed it will hear oral arguments in Alice’s dispute with CLS Bank, in a case that will rule on the extent to which software and business methods are patentable.

  • Rader: Court will correct problems with CLS v Alice

    October 28, 2013

    US Chief Judge Rader has described the Bilski and CLS v Alice rulings as “the greatest failure in my judicial career” and said the Federal Circuit will try to correct widespread confusion over Section 101

  • CLS Bank v Alice leads to an even murkier morass

    May 28, 2013

    Does CLS Bank v Alice put software patents at risk? Erika H Arner and Lauren J Dreyer argue that despite the uncertainty caused by the divided Federal Circuit, there are some useful lessons from last month’s decision

  • CLS ruling undermines software patents

    May 28, 2013

  • How CLS Bank v Alice fits into US history

    October 30, 2012

  • CLS Bank v Alice decision signals showdown on patentable subject matter

    July 27, 2012

    The CLS Bank v Alice decision may signal an unavoidable showdown that is brewing among judges who disagree on what constitutes patentable subject matter, said lawyers this week

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