Supreme Court Unlikely to Clarify the Law for Computer-Based Software Patents
The U.S. Supreme Court heard oral arguments on Monday in Alice Corp. Pty. Ltd. v. CLS Bank Int’l regarding the patent eligibility of Alice Corp.’s patents. The patents relate to a computer system that facilitates financial transactions. The case has been closely followed and has divided the country's largest corporations, with companies like IBM, Microsoft, Hewlett-Packard, Verizon and Dell filing amicus briefs warning that new restrictions could render worthless thousands of existing patents and the billions spent in research and development. On the other hand, companies such as Google, Facebook, LinkedIn, Netflix and filed amicus briefs with the Court seeking a tighter definition of patent eligibility, asserting that the free flow of software patents plagues the industry and blocks innovation. Many had hoped the Court would provide clarification as to which computer implemented inventions are patent eligible. However, based on the questions from the Justices, while it is almost certain that the Justices will find Alice Corp.’s patents not patent eligible, it is likely that the Court will issue a narrow ruling in June that is unlikely to provide any real change to the existing law.
Sources: http://www.supremecourt.gov/oral_arguments/argument_transcripts/13-298_869d.pdf http://www.reuters.com/article/2014/03/31/us-usa-court-ip-idUSBREA2U05X20140331
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