Banking on Alice

To paraphrase Mark Twain, reports of the end of CLS Bank v. Alice Corporation may be greatly exaggerated.

After a greatly–muddled en banc Federal Circuit opinion added only confusion, rather than clarity, to the contentious issue of software patentability, the Supreme Court has granted a writ of certiorari to address the following issue:

“Whether claims to computer–implemented inventions – including claims to systems and machines, processes, and items of manufacture – are directed to patent–eligible subject matter within the meaning of 35 U.S.C. § 101 as interpreted by this Court.”

Having filed an amicus on this issue before the Federal Circuit on behalf of leading Internet retailers, we look forward to providing our two cents on this topic.