Federal Circuit, en banc, rules in CLS Bank

Posted by Ridcully on May 11, 2013 1:39 PM EDT
Groklaw; By Pamela Jones
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As described more fully below, we would affirm the district court’s judgment in its entirety and hold that the method, computer-readable medium, and corresponding system claims before us recite patent-ineligible subject matter under 35 U.S.C. § 101.

In essence, the USA Federal Circuit court has, in a majority (7/10) decision, affirmed that the software before the court cannot be patented. The ramifications of this decision are enormous and will affect software patents in general. One of the dissenting judges (Moore) wrote: “Let’s be clear: if all of these claims, including the system claims, are not patent-eligible, this case is the death of hundreds of thousands of patents, including all business method, financial system, and software patents as well as many computer implemented and telecommunications patents".

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