CLS Bank v. Alice Corporation: En Banc Federal Circuit Finds Financial Services Patents Invalid Under 35 U.S.C. 101 As Patent Ineligible

Fitzpatrick Case Update
May 10, 2013

On May 10, 2013, a sharply divided en banc Federal Circuit held that computer-implemented methods, computer-readable media and computer systems for exchanging a financial obligation between parties do not recite patent-eligible subject matter under 35 U.S.C. § 101. Seven of the ten participating judges found invalid the method and media claims, and five found invalid the system claims, thereby affirming per curiam the district court’s judgment. The en banc decision came to the opposite result from the previously-vacated panel decision finding the same claims to be patent eligible.

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