CLS Bank v. Alice Corp.: Navigating Patent Eligibility of Software-Related Inventions Absent Clear Guidance

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Wednesday, July 10, 2013

Recorded event now available

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Course Materials

This CLE course will examine the CLS Bank v. Alice Corp. decision and its impact on patent eligibility for software-related inventions. The panel will also discuss what counsel to companies need to do to get patent protection for inventions implemented in computer software.

Description

On May 10, 2013, the Federal Circuit issued its long-awaited decision in CLS Bank v. Alice Corp. on determining patent eligibility standards for software and business method patents. In addition to the per curiam opinion, the decision contained six other non-precedential opinions.

The court failed to agree on the analytical framework for assessing patent eligibility under §101, leaving uncertainty as to patent eligibility of software-related inventions. It further demonstrates the Federal Circuit judges’ lack of consensus.

Patent counsel must now navigate the murky waters of patent eligibility under §101. Defense counsel need to understand how to take advantage of this state of uncertainty, and patent prosecutors should cautiously proceed when seeking protection for software-related inventions.

Listen as our authoritative panel of patent attorneys examines the CLS Bank v. Alice Corp. decision and what that case means for software-related inventions. The panel will also discuss approaches for counsel to get patent protection for inventions implemented in computer software.

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Outline

  1. CLS Bank v. Alice Corp. (Fed. Cir. May 10, 2013)
    1. Per curiam opinion
    2. Five non-precedential opinions
    3. Chief Judge Rader’s “additional reflections”
  2. Defending against software patents
  3. Best practices for patent protection for software-related inventions

Benefits

The panel will review these and other key questions:

  • What does the Federal Circuit's decision mean for patent eligibility for software-related inventions?
  • How can patent litigation defendants take advantage of patent eligibility's lack of certainty?
  • What best practices should counsel employ to protect software-related inventions?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Michael L. Kiklis
Michael L. Kiklis
Partner
Oblon Spivak McClelland Maier & Neustadt

Mr. Kiklis focuses on post-grant counseling, patent litigation and patent prosecution. With an extensive...  |  Read More

Stephen G. Kunin
Stephen G. Kunin
Partner
Oblon Spivak McClelland Maier & Neustadt

He represents clients in post-grant patent proceedings at the U.S. Patent and Trademark Office. He also serves as an...  |  Read More

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