USA: Court of Appeal for the Federal Circuit on Patent-Ineligibility of Method and Computer-Readable Medium Claims

On 10 May 2013, the US Court of Appeals for the Federal Circuit has issued its ruling in CLS Bank International v. Alice Corporation on the patent-eligibility of method and computer-readable medium claims. Though the Court holds that the method and computer readable medium claims before it do not recite patent-eligible subject matter under 35 U.S.C. § 101, the ten judges of this decision formed no less than six different opinions on the matter.

The Opinion of the Court was filed PER CURIAM:

• Concurring opinion filed by LOURIE, Circuit Judge, in which DYK, PROST, REYNA, and WALLACH, Circuit Judges, join.
• Concurring-in-part and dissenting-in-part opinion filed by RADER, Chief Judge, LINN, MOORE, and O’MALLEY, Circuit Judges, as to all but part VI of that opinion. RADER, Chief Judge, and MOORE, Circuit Judge, as to part VI of that opinion.
• Dissenting-in-part opinion filed by MOORE, Circuit Judge, in which RADER, Chief Judge, and LINN and O’MALLEY, Circuit Judges, join.
• Concurring-in-part and dissenting-in-part opinion filed by NEWMAN, Circuit Judge.
• Dissenting opinion filed by LINN and O’MALLEY, Circuit Judges.
• Additional reflections filed by RADER, Chief Judge.

Upon consideration en banc, a majority of the Court has affirmed the district court's holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101.

An equally divided court has affirmed the district court's holding that the asserted system claims are not directed to eligible subject matter under that statute.

US Court of Appeal for the Federal Circuit, decision of 10 May 2013 in CLS Bank International v. Alice Corporation