October 9, 2012
On July 9, 2012, the Court of Appeals for the Federal Circuit issued its opinion in CLS Bank v. Alice Corp. Pty., Ltd., as discussed in an earlier Fitch Even alert. Today the court ordered rehearing of the CLS Bank case en banc, for consideration of the following questions:
a. What test should the court adopt to determine whether a computer-implemented invention is a patent-ineligible "abstract idea,” and when, if ever, does the presence of a computer in a claim lend patent eligibility to an otherwise patent-ineligible idea?
b. In assessing patent eligibility under 35 U.S.C. § 101 of a computer-implemented invention, should it matter whether the invention is claimed as a method, system, or storage medium, and should such claims at times be considered equivalent for § 101 purposes?
Fitch Even attorneys are monitoring the CLS Bank case and will report when the court has issued its en banc opinion.