Sunday, October 6, 2013

My Latest EFF Amicus Brief: Alice Corp. v. CLS Bank

On Friday EFF filed the latest amicus brief I helped write.  This brief supports Alice Corp.'s petition asking the U.S. Supreme Court to review a Federal Circuit decision invalidating Alice Corp.'s patents as impermissibly abstract under 35 U.S.C. 101.  The brief is similar to a previous brief we filed twelve days earlier in WildTangent v. Ultramercial -- see that post for an explanation.

The brief supporting Alice Corp. is somewhat unusual.  We agree with the Federal Circuit that it properly invalidated Alice Corp.'s patents.  However, because the state of the law is such a morass, we agree with Alice Corp. that the Supreme Court should hear the case and provide some guidance to the lower courts (although we ask the Court to affirm that the patents are invalid).  With these two related briefs, we ask that the Court review both Alice Corp.'s case and WildTangent's case.

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