Federal Circuit Rules Software Invention Unpatentable

Editor's note: Anthony J. Lombardi practices patent litigation and patent prosecution at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. He also provides counseling to clients on prelitigation strategy, portfolio development, patent monetization, and licensing activities. A clear legal standard for determining patent-eligible subject matter remains elusive. On Friday, the Federal Circuit, in CLS Bank International v. Alice Corporation, ruled that an invention involving software for a computerized trading platform does not constitute patent?eligible subject matter. The decision -- which spanned 135 pages -- by a 10-member en banc panel of the Court included seven separate opinions, but not the clarity many had hoped for.

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