Federal circuit

Judges split on software patents and computer transubstantiation

Software patents: a note on the new CLS Bank case

The law of software patents took an interesting, and ultimately encouraging, turn a little more than a week ago. In the CLS Bank case, ten judges of the Federal Circuit issued five separate opinions, without any single legal theory gaining a majority. Their debate showed that the scope of the subject matter requirement for patenting software is far from settled. It also makes it more likely that the Supreme Court will speak to the issue, and get it right.

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If we're going to have software patents, let's at least have a level playing field

If we must have software patents, at least use the same rules

Last week, I participated in a panel discussion at the Eastern District of Texas/Federal Circuit Joint Bench-Bar Conference in Dallas.  The Court of Appeals for the Federal Circuit is the specialized appellate court for patent cases.  My panel was on corporate counsel opinions of patent litigation and recent judicial and legislative patent reform.  The discussion was moderated by Judge Richard Linn of the Federal Circuit.  It was a great opportunity to present some views of the patent system, and to provide options for improvement to the very people who can enact judicial change. » Read more

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