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Software Patents: Yes or No?

If you are a software developer, you may be frustrated that you cannot seem to get a straight answer on whether your software-related invention is patent eligible in the United States, much less...

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Patent Ineligibility: All *And* Nothing?

By: Bill Harding Brace yourselves for a months-long uptick in the ever-smoldering debate over software and business method patents.  This time, the fuel to the fire is the Federal Circuit en banc...

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Case Brief: CLS Bank v. Alice

By: Bill Harding Nothing conjures memories of law school like writing a case brief (with the possible exception of an emergency root canal).  Nonetheless, the judicial bar fight that is the Federal...

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Case Brief: CLS Bank v. Alice … Round 2

In my last post, I offered a case brief of the concurring opinion filed by Federal Circuit Judge Lourie in CLS Bank v. Alice Corp.  Below, I try my hand at briefing the concurring-in-part and...

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Case Brief: CLS Bank v. Alice … Round 3

By: Bill Harding My case briefs of the various opinions filed in CLS Bank v. Alice Corp continue today with the dissent-in-part authored by Federal Circuit Judge Moore. The opinion includes a forceful...

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Case Brief: CLS Bank v. Alice (Round 4)

By: Bill Harding Another day, another case brief of an opinion filed in CLS Bank v. Alice Corp.  Today’s fare is the concurrence-in-part and dissent-in-part authored by Federal Circuit Judge Newman,...

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Case Brief: CLS Bank v. Alice (Round 5)

By: Bill Harding In a dissent from the court opinion filed in CLS Bank v. Alice Corp, Federal Circuit Judges Linn and O’Malley unceremoniously burst the bubble of several Amici who urged the court to...

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Case Brief: CLS Bank v. Alice (A Judicial “Sigh”)

By: Bill Harding Here’s one you don’t see every day:  Additional Reflections filed by Chief Judge Rader in response to the confusion that is CLS Bank v. Alice Corp.  Yet somehow, after the flurry of...

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SCOTUS on “Alice”: It’s The Application, Stupid!

By: Bill Harding Old habits die hard.  But the U.S. Supreme Court patiently keeps trying to euthanize the habit of too many patent professionals to reflexively (but not necessarily purposefully) tie...

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… And Here Comes “Alice”!

By: Bill Harding Don’t look now, but it appears the post-Alice USPTO guidance regarding patent eligibility has kicked in. The following is a form paragraph recently used by an Examiner at the USPTO in...

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