Sheppard Mullin Richter & Hampton LLP: CLS Bank: The Patent Eligibility of Computerized Trading Platforms for Exchanging Obligations

By Barry Wilson and Martin Bader On July 9, 2012, a three judge panel of the Federal Circuit in CLS Bank International v. Alice Corporation (Appeal No. 2011-1301) (" CLS Bank ") [ enhanced version available to lexis.com subscribers ], decided a case of patent eligibility under 35 U.S.C....

Sheppard Mullin Richter & Hampton LLP: Federal Circuit Declines to Adopt Test for Patent Eligibility Set Forth in CLS Bank

By Martin Bader and Matthew M. Mueller A three judge panel (Lourie*, Prost, Wallach) of the Federal Circuit recently handed down the Federal Circuit's second decision in a month on patent eligibility under 35 U.S.C. §101 . In a unanimous decision, the court in Bancorp Services, L.L.C. v....

Patents Post-Grant: Section 101 as a Basis for a Post Grant Patent Challenge

USPTO Clarifies Stance on 101 Challenges Before the PTAB Over the past few weeks, commentators have been buzzing about the ability/inability to challenge a patent on the grounds that the claims are not directed to statutory subject matter ( 35 U.S.C. § 101 ). Under the discussed theories, a 101...